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1961 Supreme(Online)(Bom) 2

BOMBAY HIGH COURT
M. S. Menon, J
Valimahomed Gulamhussain Sonavala and Co. v. C.T.A. Pillai Addl. Collector of Customs


Table of Content
1. introduction of petition and factual background. (Para 1 , 2 , 3)
2. chronology of actions by the authorities. (Para 4 , 5)
3. claims of procedural irregularities and natural justice. (Para 6 , 17)
4. clarification of principles of natural justice in quasi-judicial proceedings. (Para 7 , 8 , 9 , 10 , 12)
5. limitations of confiscation under sea customs act. (Para 18 , 19)
6. final judgment and orders issued to the respondents. (Para 24 , 25 , 26 , 27 , 28)

1. The Petitioners carry on business in bullion and are licensed to refine precious metals. They have filed the petition for the issue of a writ of certiorari or other appropriate writ, direction or order under Art.226 of the Constitution against the Additional Collector of Customs and the Union of India for quashing and setting aside the order, dated 13th June 1959, passed by the Additional Collector of Customs confiscating certain quantity of gold and imposing fines in lieu of such confiscation. They have also prayed for a writ of mandamus or other appropriate writ, direction or order under Art.226 of the Constitution against the Additional Collector of Customs for restoring possession of the gold weighing 452 tola











































































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