USHA RANJAN BANIK Vs. COLLECTOR OF CENTRAL EXCISE & LAND CUSTOMS, SHILLONG

JUDGEMENT

(1.) THE Petitioner has come to this Court under Art. 226 of the Constitution for issue of different writs in the nature of Mandamus and Certiorari against the opposite party the collector of Central Excise and Land Customs, Shillong, alleging that the Preventive Intelligence Officer, Belonia has wrongly and illegally seized Rs. 8377/ - in Pakistan Currency and Rs. 2500/ - in Indian Currency from him - while he was on the border of the two countries, on the allegation that the petitioner was attempting to export the above money by crossing the boundary to Pakistani which was not allowed and that he could take only Rs. 50/ - in Pakistan Currency alone.

(2.) THE order dated 17 -2 -53 of the Collector of Central Excise, Shillong suggests that the Petitioner Shri Usha Ranjan Banik was attempting to export Rs. 2500/ - in Indian Currency and Rs. 8377/ - in Pakistan Currency Notes from India to Pakistan without any permission from the Reserve Bank of India in contravention of S. 19, Sea Customs Act, 1878 and S. 8(2), Foreign Exchange Regulation Act, 1947 read with Reserve Bank of India, Notification No. F. E. R. A. 105/RB/51, dated 27 -2 -51 and No. 108/RB/51. D/ - 12 -4 -51.

(3.) THE Petitioner gave his reply to the above allegation and was given proper hearing. The explanation given by him was not believed which led to the confiscation of the above amount under the provision of S. 167(8) of the Sea Customs Act, 1878.