State of bombay Vs Memon Mahomed Haji Hasam

Click to edit Master subtitle style Team: Naresh.N , Mahesh Gouda Patil, Naveen Bannur
10/3/12

Customs Act, 1962

Customs overview 1962 Act 10/3/12 Agency

Formed 26 Jan 1944 Governmental: Legal personality Government agency Jurisdictional structure Federal agency India Governing body Government of India Federal law enforcement General nature Civilian agency Operational structure Headquarters New Delhi, India Agency executive S.K. Goel, Chairman Ministry of Finance , Parent agency Department of Revenue

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Brief Summary

Two Trucks and a station Wagon belonging to the respondent were seized by Customs authorities . The respondents appeal against the aforesaid seizure of his goods succeeded before the Revenue tribunal . When however he applied for the return of the vehicles he was informed that they had been disposed . The respondent then filed a suit for the recovery of the value of the vehicles. Power to seize and confiscate was dependent upon a customs offence having been committed or a suspicion that such offence had been committed.

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What is the case about?

Shelat J, carried on business as an exporter of fish in the state of junagadh It is now under the Gujurat state . In 1947, Customs authorities of the state seized two motor trucks , a station wagon and other goods related

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On What Grounds?

Respondent had not paid import duties on the said trucks They were used for smuggling goods in the state Some of the goods were smuggled goods.

Who are the Parties?

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Petitioner : State of Bombay(Now Gujurat) Respondent: Memon Mahomed Haji Hasam Legal meaning: One who presents a formal,

written application to a court, officer, or legislative body that requests action on a certain matter.

In legal proceedings initiated by a petition, the respondent is the person against whom relief is

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Relevant Sections

Section150 provides that- if any goods, the importation or exportation of which is for the time being prohibited or restricted , be imported into or exported

if any such goods are found in any package produced to any officer of Customs as containing no such goods etc., such goods shall be liable to confiscation and any person concerned in any such offence shall be liable to a penalty as set out therein.

Judgement

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Vehicles were-seized by the customs -authority, that between 1947 and October, 1951 They were disposed off they were lying uncared for in an open space. That they were disposed of at the instance of the Police as unclaimed property They were sold most of the valuable parts were missing and lastly that they were sold while the appeal against the order of seizure and confiscation was still pending. Alleged in the circumstances was that one or the other servants of the State Government was guilty of negligence.

Revenue Tribunal set aside the order of the Customs Officer and the Government became liable to return the goods the owner.