HAJI HABIB HAJI PIR MOHAMMED Vs. ASSISTANT COLLECTOR OF CUSTOMS
LAWS(CAL)-1961-1-15
HIGH COURT OF CALCUTTA
Decided on January 31,1961

HAJI HABIB HAJI PIR MOHAMMED Appellant
VERSUS
ASSISTANT COLLECTOR OF CUSTOMS Respondents

JUDGEMENT

- (1.) THE petitioner obtained a rule for a writ in the nature of certiorari calling upon the respondents to certify and send up the entire records and proceedings relating to the orders dated December 21, 1957 and November 13, 1959, and for a writ in the nature of Mandamus directing the respondents to forthwith recall, can-cell and withdraw the said orders and to forbear from giving effect thereto in any manner whatever, and for a further writ in the nature of Mandamus directing the respondents to refund to the petitioner a sum of Rs. 10,885/- which was paid as duty on 48 duty bags of goods forming the subject-matter of the petition.
(2.) THE petitioner was the consignee of two hundred bags of betel nuts. The goods were shipped per M. V. Noreverett. The bill of lading was dated May 2, 1957. On May 17, 1957 the petitioner filed a bill of entry for Home consumption. The bill of entry was filed in anticipation of the arrival of the vessel. On May 21, 1957 duty on the said two hundred bags was assessed at Rs. 45,066. 66 np. at the rate of Re. 1/- per lb. On May 29, 1957 the petitioner paid the said sum as duty.
(3.) THE said vessel arrived at Calcutta in the end of May, 1957 and was berthed at No. 3, Hastings Moorings. Part of the cargo was discharged at the wharf and part was landed on various country boats engaged by the steamer agents. On the discharge of the entire cargo the petitioner discovered that seventy bags out of the said consignment of two hundred bags were short landed. On July 30, 1957 the petitioner received a certificate from the Commissioners for the Port of Calcutta in form 'b' certifying the said short landing of seventy bags.;


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