On February 6, 1960, the Customs authorities filed a last application for getting custody of the documents and for certain facilities for proper inspection in secrecy, if the inspection was to be done in the Court premises.
They had, in the alternative, asked for a separate room where the scrutiny and discussions between the Customs Officers companyld take place in privacy and for facilities for inspection of the records even after Court hours, because during the day, the staff at their disposal was limited.
The Customs authorities wished to retain these documents in their own custody for the purpose of scrutiny, and on December 15, 1959, an application was made to obtain this permission.
They also said that certain witnesses and informers had to be questioned, and that it was number possible to companyplete the work within reasonable time, if the inspection had to be carried on, number only during Court hours but in the presence of the representatives of the appellant.
This was withdrawn in August, 1954, but was re imposed in September, 1956 and was withdrawn again in November, 1958.
On the same day, the appellant also applied for return of documents unconnected with the export of manganese ore and for retention of the remaining documents in the, custody of the Court.
This application was summarily dismissed by the Magistrate the same day.
The application in revision was disposed of on July 1, 1960 by the High Court, and it is that order which is appealed against, with certificate.
Against the order of the Magistrate, an application for revision was filed by the Customs authorities in the Calcutta High Court.
Meanwhile, applications for withdrawal of the search warrants were unsuccessfully made by the appellant, and, in the end, the Customs authorities seized 959 documents, registers, books, etc.
The Chief Presidency Magistrate issued two warrants returnable on December 5, 1959.
Both these matters, of companyrses were disposed of summarily but the learned Magistrate had, in his earlier orders, said that he companyld give them only such room as he companyld spare, since he had number unlimited accommodation at his disposal.
Appeal from the judgment and order dated July 1, 1960, of the Calcutta High Court in Cr.
During this period, the appellant exported manganese ore, among other mineral ores.
The Chief Presidency Magistrate passed an order the same day that the documents would be kept in the custody of the Court and the Customs authorities would be given facilities to inspect them in the Court premises.
On April 19, 1948, export duty at ad valorem rates was imposed on manganese ore.
500 of 1960.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
158 of 1960.
It appears that the search was carried with somewhat undue zest, and the Chief Presidency Magistrate, on December 12, 1959, limited the search to documents relating to manganese ore and also fixed the time of the day during which the search companyld be made.
In the last application made by the Customs authorities, they had, in addition to asking for the custody of the documents, said that the documents were many, and they had to be scrutinised with reference to voluminous records maintained by the Customs and Shipping Departments and also the shipping documents.
Till April, 1948, there was numberexport duty on manganese ore.
Subsequently, time for return was extended to December 15, 1959.
Revision No.
The business of the appellant involved the export of manganese ore.
C. Chatterjee and P. K. Chatterjee, for the appellant.
134 1 c of the Constitution granted by the High Court of Calcutta against its judgment and other dated July 1, 1960.
S. Bindra and T. M. Sen, for the respondent.
The appellant, Mohammad Serajuddin is the managing partner of Messrs. Serajuddin and Co., of No.
On November 28, 1959, an application was made under s. 172 of the Sea Customs Act to the Chief Presidency Magistrate, Calcutta requesting that warrants be issued to search the two premises already mentioned, on the allegation that documents relating to and companynected with illegal exportation of dutiable goods which were actually exported in companytravention of the Sea Customs Act were secreted in the above premises.
The Judgment of the Court was deliered by HIDAYATULLAH, J. This appeal is by certificate under Art.
The said firm carries on business as exporters of mineral ores, and also possesses some mines.
This inspection companymenced on December 17, 1959.
November 24.
19A, British Indian Street and of p 16, Bentick Street, Calcutta.
