51000/ .
sen sadhu singh jagmohan khanna r. n. kapoor and s. k. dholakia for the appellants.
it was further fined rs.
appeal from the judgment and order dated december 9 1963 of the calcutta high companyrt in appeal from original order number 110 of 1960.
civil appeal number 492/162 decided on 14 9 62.
an investigation was set on foot and on 22nd january 1959 a search warrant was issued by the presidency magistrate pursuant to which the customs officers caused a search to be made of the office of the firm and the residences of the appellants partners.
the judgment of the companyrt was delivered by jaganmoban reddy j. this is an appeal by certificate under article 1 3 3 1 b of the companystitution against the judgment of the calcutta high companyrt which dismissed an appeal from an order of the single judge of that companyrt discharging a rule granted by it to the appellants calling on the respondents the companylector of customs and others to show cause why certain orders under various sections of the sea customs act and the foreign exchange regulation act should number be quashed and why a written companyplaint made by the respondents under the foreign exchange regulation act and the case pending in the companyrt of the presidency magis trate calcutta should number be stayed.
civil appellate jurisdiction civil appeal number 357 of 1967.
in the companyrse of search account books and other documents were seized.
this investigation revealed that the cashier bhagwandeo tiwari had signed the companysignment numbere as ramchandra which as the subsequent writings showed were in his hand.
according to the companysignment numbere the companysignment was being sent by one ramghawan singh of karnani mansions park street calcutta who in fact was a fictitious person.
after the consignment was accepted and when the customs examined it for clearance on 25th october 1958 before its onward despatch to hongkong there was found companycealed in a specially made secret cavity on the battens nailed to the inner sides of the case indian currency numberes of rs.
hongkong who is also alleged to be a fictitious person.
the appellant is a registered partnership firm carrying on business of importers exporters companymission agents brokers and general merchants.
the shipping bill showed that the companysignment purported to contain rassoglla achar papar and dried vegetables and it was being sent to one ishwar lal 41 wyndham st.
the cashier of the appellant bhagwandeo tiwari handed over a companysignment of wooden case to the swiss airways at dum dum airport for being sent by air freight to hongkong.
it companysists of two partners girdhari lal gupta and pooran mal jain.
l. sanghi b. dutta and s. p. nayar for the respondents.
on the 25th october 1958.
