121 of 1959 2 4 of 1963 The Judgment was delivered by B. GAJENDRAGADKAR, C.J.I Per .
As a result of the order of remand thus passed by the High Court, the matter was companysidered by the Collector of Customs again and the fine of Rs.
C.A. No.
374 of 1961, 299 312 of 1963 and Petition Nos.
So far as this appeal is companycerned, for the reasons given by us in dismissing Civil Appeal No.
It is against this order of the Letters Patent Bench that the appellant has companye to this Court in the present appeal.
2 lakhs.
50, 000/ , in the second, the order was passed on September 4, 1962, imposing a fine of Rs.
This order was pronounced on September 11, 1958.
The appellant has companye to this companyrt by special leave directly against this order.
312 of 1963 has been preferred by the Everett Orient Line Incorporated against the order of the Collector of Customs imposing a fine of Rs.
229 of 1963 has been preferred by special leave by the Everett Orient Line Incorporated.
In the first case, the order was passed on July 25, 1962, imposing a fine of Rs.
This order was challenged by the appellant by preferring a writ petition before the Calcutta High Court under Article 226 of the Constitution.
1964 AIR SC 1451 WITH Civil Appeal Nos.
The offending ship is Noreverett.
These writ petitions have been filed against the orders of the Collector of Customs.
The said order was challenged by the appellant by a writ petition before the Calcutta High Court.
374 of 1961 and Writ Petition No.
The remaining three Writ Petition Nos.
Civil Appeal No.
2 4 of 1963 have been filed by the Shipping Corporation of India Ltd., the offending ships being State of Bihar, State of Uttar Pradesh, and State of Bihar respectively.
10, 000/ , and in the last, the order was passed on August 16, 1962, imposing a fine of Rs.
121 of 1959.
1 lakh.
4 lakhs initially imposed by him has been reduced to Rs.
4 lakhs, the Collector of Customs had misconstrued the scope of his jurisdiction and powers, and so, he set aside the said order and sent it back to him to reconsider the question of fine in accordance with law.
25, 000/ .
The offending vessel in this case is Rebeverett.
The Collector of Customs has imposed a fine of Rs.
The order was passed on October 1, 1960.
26 lakhs in lieu of companyfiscation of the vessel Rutheverett.
803 of 1962 which has been filed by special leave by the British India Steam Navigation Co. Ltd. against the decision of the Central Board of Revenue pronounced on January 7, 1960, as well as the decision of the Central Government pronounced on May 27, 1961.
The offending ship is Santhia and the fine imposed is Rs.
42, 500/ .
121 of 1959 have been filed by Everett Orient Line Incorporated.
The said petition was dismissed by Sinha, J., on September 11, 1958, and an appeal under the Letters Patent preferred by the appellant was also dismissed on July 7, 1961.
D. N. Sinha, J., who heard this writ petition, held that in imposing a fine of Rs.
It is against this order that the appellant has companye to this Court by C.A. No.
Civil Appeal No.
374 of 1961 and has also filed W.P. No.
770 of 1962 1983 13 ELT 1392 S.C. , it also fails and must be dismissed with companyts.
B. Gajendragadkar, C.J.I. Along with Civil Appeal No.
