Supreme Court of India · 1958-05-09
SHEWPUJANRAI INDRASANRAI LTD. vs THE COLLECTOR OF CUSTOMS & OTHERS
- Citation / case number
- SC 1954/90257
- Court
- Supreme Court of India
- Petitioner
- SHEWPUJANRAI INDRASANRAI LTD.
- Respondent
- THE COLLECTOR OF CUSTOMS & OTHERS
- Author
- DAS, SUDHI RANJAN (),BHAGWATI, NATWARLAL H.,DAS, S.K.,SUBBARAO, K.,BOSE, VIVIAN
- Bench
- DAS, SUDHI RANJAN (CJ),BHAGWATI, NATWARLAL H.,DAS, S.K.,SUBBARAO, K.,BOSE, VIVIAN
Judgment text excerpt
The Supreme Court upheld the Collector of Customs' order of confiscation of 9478.19 tolas of gold under Section 167(8) of the Sea Customs Act, 1878, for smuggling, clarifying that the proceedings under this section are in rem, distinct from the in personam actions under Section 23 of the Foreign Exchange Regulation Act, 1947. The Court rejected the appellant's argument that the customs authorities lacked jurisdiction, affirming that the conditions imposed for the release of the gold were lawful. The appeal was dismissed, affirming the legality of the confiscation and the fine imposed.