1963    Present : T. S. Fernando, J.

N. M. S. OMER, Applicant, and M. L. D. CASPERSZ and another,
Respondents

S. C. 89 of 1963-In the matter of an Application for a Mandate in the
nature of a Writ of Mandamus and of a Writ of Certiorari directed to the
Principal Collector of Customs

    Customs Ordinance (Cap. 235)-Sections 8(2), 43, 129, 144, 165-Wrongful refusal to pass goods imported-Mandamus-Order of forfeiture-Duty of customs officer to act judicially-Certiorari.

Where a customs officer, purporting to act under section 144 of the Customs Ordinance, wrongly refuses to pass any goods which a person imports, manda­mus lies to compel him to pass the goods. In such a case, the validity of an order of forfeiture under section 129 of the Customs Ordinance can be challenged by including a prayer for intervention by way of certiorari on the ground that, before ordering the forfeiture, the customs officer in question failed to act judicially. The liability of a person to a penalty or forfeiture has to be objec­tively assessed after an inquiry at which he is given an opportunity to show that by importing the goods in question he did not act in co