TMI Blog1968 (3) TMI 107X X X X Extracts X X X X X X X X Extracts X X X X ..... an order of the Bombay High Court on Letters Patent appeal confirming an order of dismissal of a writ petition by which the appellant Tukaram G. Gaokar asked for a writ of prohibition restraining proceedings for imposition of a penalty on him for alleged complicity in the smuggling of gold in pursuance of a notice dated November 16, 1966 issued under s. 112 of the Sea Customs Act, 1962. The appellant s contention is that the threatened proceedings amount to contempt of the magistrate before whom hi.-, trial for offences in connection with the smuggling of gold is imminent are and in violation of the constitutional protection of Art. 20(3) of the- Constitution. The High Court rejected these contentions. The main facts may be stated briefl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce relied on several documents and the statement of John D Sa. The appellant disclaims any interest in the gold seized by the customs officers. He resists the imposition of penalty -on him for alleged complicity in the smuggling. It is quite clear that identical issues arise in proceedings for imposition of penalty under s. 112(b) of the Sea Customs Act. 1962 and in a trial for an offence punishable under s. 135(b) of the same Act. If any. person acquires possession of or is in any way concerned in carrying, removing, depositing, harbouring. keeping, concealing, selling or purchasing, or in any other manner ,dealing with any goods which he knows or has reason to believe are liable to confiscation under s. 1 1 1, he may be proceeded against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ocess of the courts , see Reg v, Gray( ), Arthur Reginald Perera v. The King ([1951] A.C. 482,488.) . The customs officers did nothing of this kind. They are acting bone., fide and discharging their statutory duties under ss. III and 112. The power of adjudicating penalty and confiscation under those sections is vested in them alone, The criminal court cannot make this adjudication. The, issue of the show-cause notice and proceedings thereunder are authorised by the Act and are not calculated to obstruct the course of justice in any court. We see no justifycation for holding that the proceedings amount to contempt of court. The decided cases do not support the appellant s contention. In Saibal Kumar Gupta v. B. K. Sen ([1961] 3S.C.R.460. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not shown that their action is mala fide or arbitrary. The court will not issue a mandamus to control this exercise of their discretion. The appellant then claims that the proceedings under ss. 111 and 112 are in violation of Art. 20(3) of the Constitution. He says that unless the proceedings are stayed he will be compelled to enter the witness-box to rebut the evidence of John D Sa and will be forced in cross-examination to give answers incriminating himself. Article 20(3) affirms that no person, accused of any offence shall be compelled to be a witness against himself. first information report has been lodged and formal accusation has been made in it against the appellant charging him with offences in connection with the smuggling of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... then compelled to give incriminating answers he can invoke the protection of the proviso to s. 132 of the Indian Evidence Act against the use of those answers in the criminal -proceedings. It may be noted that counsel for the customs authorities gave an undertaking in the High Court that they would not use in any criminal proceedings the statement, if any, that might be made by the appellant during the course of the adjudication proceedings. Before the High Court, the appellant took the further point that the proceedings under ss. Ill and 112 were in violation of Art. 14 of the Constitution. The High Court repelled this contention. That point has now been abandoned by the appellant and does not survive. In the result, the appeal is dismi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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