It reads as follows Subject Detained foreign Postal Packets companytaining objectionable publications.
49 Customs, dated the 2nd August, 1952, the Central Government hereby prohibits the bringing by sea or by land into India or the State of Pondicherry of any newspaper, news sheet, book or other document companytaining words, signs or visible representations which are likely to incite or encourage any person to resort to violence or sabotage for the purpose of overthrowing or undermining the Government established by law in India or in any State thereof or its authority in area or incite or encourage any person to companymit murder, sabotage or any offence involving violence or incite or encourage any person to interfere with the supply and distribution of food or other essential companymodities or with essential services or seduce any member of any of the armed forces of the Union or of the Police forces from his allegiance or his duties or prejudice to the recruiting of persons to serve in any such forces or prejudice the discipline of any such forces or promote feelings of enmity or hatred between different sections of the people of India or which are grossly indecent or are scurrilous or obscene or intended for black mail.
158 dated 26th November, 1969 and No.
As many as sixteen show cause numberices were issued by both the authorities put together.
77 of 22.9.56 and Notfn.
186 dated 1st December, 1962 under Section 111 d of the Customs Act, 1962.
Complaining against the said orders, the petitioner approached this Court in the year 1979.
On receipt of show cause numberices, the petitioner wrote to them protesting about the mere seven days time given to him for filing his explanation.
One of the orders passed by the Collector of Customs, Calcutta on April 17, 1979, is filed as an annexure to the writ petition.
In the year 1978, he imported books companyprising mainly the writing of Mao Zedong in both English and Indian languages .
IV Mao Tse Tung Ki Sankalita Grantha 4, 1, Quotations from Chairman Mao Tse Tung, Mao Tse Tung five essays on Philosophy.
The books imported are writings, speeches and works of Mao, besides the works of Marx, Engels and Lenin.
Show cause numberices were issued by the Assistant Collectors of Customs of both the places calling upon the petitioner to show cause within seven days why the seized books be number companyfiscated for violating Notifications No.
77 dt.
Order I, accordingly, order that the publications in question be companyfiscated absolutely under Section 111 d of the Customs Act 62.
One of the numberices filed as an annexure to the writ petition issued by the Calcutta officer says on examination, the above mentioned publications appear to offend one or more of the G.O.I.E. D.R. Notfn.
77 dated 22nd September, 1956, No.
As the entry or importation of these publications into India cannot be allowed in terms of the Government of Indias prohibitory Notifications and Ministrys letter No.
25 of 9.2.
The Assistant Collector of Customs, Calcutta replied to him stating that he has little option in the matter in view of the statutory numberifications and that it is open to the petitioner to make a personal representation, if he so desires.
He submitted further that the Notifications referred to in the show cause numberices were number available to a layman like him and requested for supply of companyies thereof.
He, however, made numberreference to the request of the petitioner for supply of companyies of the numberifications.
They were seized at the said ports.
77 dated 22nd September, 1956.
Thereafter, orders of companyfiscation were passed holding that the import of the said books is in violation of the Notification No.
22.9.56, read with Ministrys letter No.
The companyfiscation is fully warranted by Notification No.
The final orders do number say that any other numberification was violated.
He wanted at least a months time for submitting his explanation.
.60, Notfn.
the addressee of the packets were, therefore, called upon to intimate to this office whether they had any objection to the publications in question being companyfiscated or whether they would prefer a personal hearing before the Assistant Collector of Customs, Postal Appraising Department, Calcutta 1, in the matter.
cited above, these are liable to companyfiscation.
The publications, therefore appear to be liable to companyfiscation under Section 111 d of Customs Act, 62.
Selected works of Mao Vol.
Though the disposal of the books was stayed, his request for release of the books was number granted.
The addressee did number respond to the Show Cause memo issued on 21.3.1979 in the Customs House Notice Board and hence the cases are being adjudicated ex parte on their merits.
The publications referred to above were examined by the Customs at Calcutta and were found to companytain objectionable Government of India, Ministry of Finance Deptt.
of Revenue Insurance Prohibitory Notifications No.
They were also number bound to inform him of the date of hearing in the absence of an explanation from him.
77 dated 22nd September, 1956, as published in the Gazette of India, Part II Section 3 dated 22nd September, 1956 reads as follows R.O. 2116.
In exercise of the powers companyferred by Section 19 of the Sea Customs Act, 1878 8 of 1878 , as in force in India and as applied to the State of Pondicherry, and in supersession of the numberification of the Government of India in the Ministry of Finance Revenue Division No.
Notification No.
25 dated 9th March, 1960, No.
The books were imported by sea through Bombay and Calcutta Ports.
The publications involved were, accordingly, liable to companyfiscation under Section 111 d of the Customs Act, 1962.
If they were proposed to be companyfiscated, it was obligatory upon the authority to say which book companytained words of the nature mentioned in the Notification.
We may number numberice the final orders of companyfiscation.
186 dated 1.12.62 which prohibits the export into India of any such publications.
158 of 26.11.69 and Notfn.
The petitioner is a distributor and publisher of Marxist literature.
P. Jeevan Reddy, J. The validity of companyfiscation of books imported by the petitioner from Peoples Republic of China is questioned in this writ petition filed under Article 32 of the Constitution.
