PALASAMY NADAR v. LANKTREE
1949 Present: Gratiaen J.
PALASAMY NADAR et al., Petitioners, and LANKTREE
(Principal Collector of Customs), Respondent
S. C. 402-IN THE MATTER OF AN APPLICATION FOR A MANDATE IN
THE NATURE OF A WRIT OF MANDAMUS UNDER SECTION 42 OF
THE COURTS ORDINANCE (CAP. 6)
Writ of mandamus-Customs
Ordinance-Seizure and forfeiture of goods-Claim by person from whom they were
seized-Computation of time prescribed for giving notice of claim and, tendering
security-Detention of goods for examination--Does not amount to seizure-Sections
46, 123, 146.
Where there is a claim to seized goods under section 146 of the Customs
Ordinance the period of one month within which notice of the claim should be
given to the Collector should be reckoned from the date when the goods were
seized with the intention that " ultimate loss " by forfeiture and condemnation
would result from the seizure.
The power of seizure conferred by section 123 of the Customs Ordinance includes
by implication the power, for the purpose of examination, to detain for a
reasonable period any goods which a Customs officer suspects to be liable to be
seized as forfeited goods.
APPLICATIO
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.