EVERETT ORIENT LINE INCORPORATED A COMPANY Vs. JASJIT SINGH
HIGH COURT OF CALCUTTA
EVERETT ORIENT LINE, INCORPORATED, A COMPANY
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(1.) This is an application under Article 133 (1) (a) of the Constitution for a Certificate that the petitioner Company's proposed appeal to the Supreme Court involves substantial questions of law and is therefore fit for further consideration by that Court.
(2.) The petitioner Company Everett Orient Line Incorporated, owns several cargo vessels of which Noreverett is one. Those vessels usually ply between various ports in the Far East and Burma. The ship Noreverett in the course of one of her usual voyages reached Calcutta on August 31, 1957. On the following day a rummage party of the Calcutta Customs carried Out a search of the vessel in the course of which they discovered "a circular hole about 4 inches in diameter in the floor of the fireman's cabin, aft, port side. The hole was kept closed by a circular plug of cement, the top of the plug having been smoothed off and painted so as to prevent detection of the opening which led to a recess below the cabin and into the insulation of the reefer hatch underneath. The recess was found to contain a wooden platform suspended on two wireloops and had obviously been made by the removal of a portion of the glass fibre insulation material over the reefer box.
(3.) On September 3, 1957, the agents of the owners of the vessel were served with notice to show cause why proceedings in respect of the vessel should not be taken under the Sea Customs Act on the ground that the vessel had entered the port of Calcutta in breach of the provisions of Section 52A of the Sea Customs Act punishable under Section 167 (12A) of that Act.;
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