1951 (11) TMI 23

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..... f certiorari to be issued to the Deputy Collector of Central Excise and Land Customs, Shillong, quashing his order dated 28 -10 -1950. The order is in these terms : I, therefore, trader S. 167(8) , Sea Customs Act 1878 read with S. 9, Land Customs Act, 1924, order confiscation of the gold and silver. These may be redeemed by the party under S. 183, Sea Customs Act, 1878, on payment of a fire .....

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..... dmitted that the Deputy Collector, Mr. A.N. Nanda is a Collector of Central Excise and Land Customs at Shillong, within the meaning of para. (f) of cl. (2) of R. 2. 2. MR . Medhi has raised a preliminary objection namely that the application under Art. 226 of the Constitution of India is incompetent by reason of the fact that the powers of the High Court under Art 226 of the Constitution of I .....

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..... this Court is competent to issue a writ of certiorari to him If this argument were accepted, it would lead to an anomalous position, for instance, a Deputy Commissioner of Pakistan might seize contraband goods within the territory of Pakistan and then come to Shillong for a holiday; would this Court be competent to issue a writ of certiorari to him merely because he happens to be present within t .....

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