TMI Blog1962 (9) TMI 5X X X X Extracts X X X X X X X X Extracts X X X X ..... Article 32 of the Constitution for a writ quashing the order of the Collector of Customs confiscating certain gold and imposing a fine of Rs. 1,00,000/- on the petitioner. 2.The facts may be shortly put. Upon information received that contraband gold was being carried by certain persons by train leaving Kohzi Kode station, some Customs Officers attended the station and found one person carrying ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in which he said that the gold had been supplied to him by one Sreedharan and was smuggled gold. Later he said that he had been coerced into making this statement. 3.Notice to show cause why action should not be taken under Section 167(8) of the Sea Customs Act, 1878 was served on the petitioner. In answer to the notice he stated that he had bought the gold through a broker named Koyo for which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in the undoubted exercise of its jurisdiction could not be questioned by a petition under Article 32 of the Constitution. It seems to us that the present case is governed by this decision and therefore the petition is not maintainable. The order challenged was made by the Collector of Customs, a quasi-judicial authority, in the undoubted exercise of his jurisdiction under the Sea Customs Act whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the gold dealt with was smuggled gold. One does not send out emissaries with gold at 5 o'clock in the morning or at 12 o'clock at night. The petitioner never contended before the Collector that the seizing officer did not at the time of the seizure have reason to believe that the gold was smuggled. He cannot therefore, now complain if the belief was not specifically referred to in the order th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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