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1967 (1) TMI 39 - SUPREME COURTWhether the search of the premises of the appellant and the seizure of the articles and the documents found therein was valid? Held that:- The contention that the Assistant Collector and the officer authorized by him to make the search acted with mala fides has no substance. Though the words "reason to believe" are not in terms embodied in the authorization, the phraseology used in effect and substance meant the same thing. The authorization issued by the Assistant Collector of Customs in this case clearly mentioned that on information received it appeared that the appellant was in possession of contraband goods and documents relating thereto and also described the office and the residential premises wherein those goods and documents would be found. In the circumstances of the case we are satisfied that the specifications are sufficient to enable the officer authorized to make the search. It is, therefore, not possible to invoke that condition and apply it to a situation arising under Section 105 of the Act. It is not necessary in this case to particularize which of the other clauses or part of the clauses of that section can be applied to a search under Section 105 of the Act. We, therefore, reject this contention also. It is clear that not only a policy is laid down in Section 105, but also that the acts of the Assistant Collector are effectively controlled in the manner stated above. We cannot, therefore, say that Section 105 offends Article 14 of the Constitution. Appeal dismissed.
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