PRAYAGDAS TUSHNIAL Vs. COLLECTOR OF CENTRAL EXCISE AND LAND CUSTOMS

JUDGEMENT

(1.) THE facts leading up to the present petition are that on receipt of information to the effect that huge quantities of betelnuts has been illicitly imported into India front Pakistan, the Preventive Officer of Silchar Divisional and Circle Office conducted a search at the godown situate at the eastern side of the Manager's Bungalow of the petitioner Prayagdas Tushnial's Chandypore Tea Estate on the 3rd April 1960. The search warrant was issued by the District Magistrate, Cachar to 'bait effect. On search the officer recovered 28,006 lbs, (net weight) of Tatti betelnuts and ill old gunny bags. The Manager of the Chandipur Tea Estate was thereafter interrogated and he said that the betelnuts in question belonged to his brother Shri Prayag Das Tushnial. Sri Prayag Das Tushnial was then interrogated and he admitted that the betelnuts belonged to him. His case is that he purchased huge quantity of betelnuts from different local markets during the period from 26th October 1959 to 31st December 1959 and that he converted a portion thereof into 'tatti' form alter dehusking.

(2.) THE main contention raised by the petitioner is that the principles of natural justice have been violated in the present case and thus the order of the Collector of Land Customs is liable to be set aside. It cannot be doubted that the Collector of Land Customs when making an inquiry after giving a show cause notice to the petitioner about the aforesaid the confiscation and imposition of penalty against a person from whose possession certain goods have been seized, has to act judicially and the order passed by him is not an administrative order. The order thus is amenable to a writ of certiorari by this Court.

(3.) IT has been laid down by their Lordships of the Supreme Court in the case of Amba Lal v. Union of India, A.I.R. 1961 SC 264 that.