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february 1964

Supreme Court of India · 1964-02-03

INDO-CHINA STEAM NAVIGATION CO. LTD. vs JASJIT SINGH, ADDITIONAL COLLECTOR OFCUSTOMS & ORS.

Citation / case number
SC 1962/120
Court
Supreme Court of India
Petitioner
INDO-CHINA STEAM NAVIGATION CO. LTD.
Respondent
JASJIT SINGH, ADDITIONAL COLLECTOR OFCUSTOMS & ORS.
Bench
SINHA, BHUVNESHWAR P.(CJ),WANCHOO, K.N.,GUPTA, K.C. DAS,SHAH, J.C.,AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court upheld the confiscation of the ship 'Eastern Saga' under Section 167(12A) of the Sea Customs Act for contravening Section 52A, which prohibits the entry of certain ships into India. The Court ruled that the fine of Rs. 25 lacs was not excessive, emphasizing the need for deterrent measures against illegal gold importation. Additionally, it found that Section 52A was not unconstitutional under Articles 14, 19, and 31(1) of the Constitution, as the appellant, being a foreign company, could not claim the benefits of Article 19.

INDO-CHINA STEAM NAVIGATION CO. LTD. vs JASJIT SINGH, ADDITIONAL COLLECTOR OFCUSTOMS & ORS. · Niyam