- (1.) THIS is an appeal from a judgment of dipak Kumar Sen, J. delivered on an application under Article 226 of the constitution on January 11, 1977. The petitioner which is the respondent before us had asked for a Writ in the nature of certiorari for production of records of certain proceedings before the additional Collector of Customs and of his order dated the 23rd August, 1975, "in order that the said Order might be set aside, cancelled or quashed. A Rule was issued by this Court and the Learned trial Judge has made the Rule absolute to some extent. The facts briefly are that a vessel called "s. S. Indian Resolve" arrived at the Port of Calcutta from the united Kingdom on the 8th October. 1974: On its way to Calcutta it touched continental ports, Bombay, Colombo, madras and Visakhapatnam. She was carrying a quantity of cargo imported for delivery at different Indian ports including the Port of Calcutta.
(2.) AS usual the vessel was carrying bonded stores in charge of Peter Sherazee, who at the material time was the purser of the vessel. Peter Sherazee had also sailed as Purser of the vessel in her two previous voyages.
(3.) ACCORDING to the Bonded Stores list which the -Purser had handed over to the Customs Officer when the vessel arrived at Calcutta, there was a quantity of 1,22,400 pieces of cigarettes in store packed, inter alia, in unopened large cartons of 5,000 cigarettes each, bound by iron strips. There were also smaller cartons and open cartons. On checking by the Customs the unopened large cartons appeared to be intact.;