Susanta Chatterji, J. - (1.) The present writ petition has been filed by the petitioner, who claims to be the Officer-in-Charge of Lalgola Police Station, District - Murshidabad, praying inter alia for issuance of a writ of mandamus commanding the respondents to rescind, withdraw and/or cancel the Order, dated 12.12.85, 12.8.86 and 30.5.88. respectively passed .by the Assistant Collector of Customs, respondent No. 2. The Collector of Customs (Appeal), respondent No. 3 and the Member (Judicial) of Customs and Excise and Gold (Control), respondent No, 4. The copies of the said Orders are marked as Annexures 'C', 'D', and 'E' to the writ petition: It is stated that being a Police Officer the petitioner is to combat with the miscreants, antisocials in order to protect the life, property and safety of the public at large and for the said purpose the petitioner is to-carry a revolver all the time. It is further stated that the petitioner's own elder brother went to England for higher studies and the said petitioner's elder brother purchased a .32 bore Smith and Wesson Revolver and 50 cartridges and exported the said revolver as a gift to the petitioner. The Office of the Indian Airlines duly sent a Notice, dated 7.11.85 stating that the said revolver with the cartridges had arrived at Calcutta. Thereafter the petitioner duly approached the Customs Authorities at Dum Dum Airport to take delivery of the said articles after observing customs formalities and on payment of the Duty and other Charges as leviable thereon. It is alleged that unfortunately the Assistant Collector of Customs, respondent No. 2, by his Order, dated 12.12.85 refused to clear the said goods inasmuch as the petitioner could not produce the Customs Clearance Permit and confiscated the same under Section 111(d) of the Customs Act. A copy of the said Order is annexed hereto as Annexure 'C' to the Writ Petition. Being aggrieved the petitioner preferred an appeal before the Collector of Customs (Appeal) under Section 129 of the Customs Act and by an Order, dated 12.8.86 the respondent No. 3 also rejected the Appeal. A copy of the said Order is Annexure 'D' to the Writ Petition. Being aggrieved further the petitioner preferred an appeal to the Appellate Tribunal under Section 129A of the Customs Act. The 1ribunal also has rejected the said appeal and also refused to exercise the discretion in favour of the petitioner in permitting him to redeem the goods on payment of fine. Being aggrieved by these Orders the petitioner has filed the present Writ Petition on the ground that the respondent Nos. 2 to 4 have passed their respective Orders without considering the case m its proper perspective and without applying their minds arbitrarily rejected the petitioner's contention in taking delivery of the revolver which was imported as a gift.
(2.) The Writ Petition is contested by the respondents Customs Authorities.
(3.) Mr. Bose, Learned Advocate appearing for the petitioner has submitted that Section 11 of the Customs Act cannot stand in the way of importing a small fire arms as a gift in favour of the petitioner, who is a Police Officer and particularly when it was imported there was no specific Order of prohibition by the respondent No. 1 which only came into effect in the year 1986. He has further argued that on 6.11.85 when the said goods have arrived at Calcutta Airport there was no Order of prohibition by the respondent No. 1 for importing fire arms as a gift and even if the petitioner could not produce the Customs Clearance Permit, the respondent No. 2 could release the said goods after imposing one in addition to duty in lieu of confiscation as provided by Section 125 of the Customs Act.;