R. S. SETH GOPIKRISHAN AGARWAL versus R. N. SEN, ASSISTANT COLLECTOR OF CUSTOMS & ORS.

R. S. SETH GOPIKRISHAN AGARWAL versus R. N. SEN, ASSISTANT COLLECTOR OF CUSTOMS & ORS.

Section 105 of the Customs Act, 1962 does not confer unguided and arbitrary power and is constitutionally valid; the search and seizure was authorized in substance with reasonable belief, and procedural requirements were reasonably satisfied; thus, the search and seizure were valid.

Parties
Appellant: R. S. Seth Gopikrishan Agarwal; Respondents: R. N. Sen, Assistant Collector of Customs & Ors.
Jurisdiction
India
Judgment Date
05 January 1967
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeal dismissed
Legal Topics
Validity of Search and Seizure, Gold Control Rules, Customs Act Interpretation, Arbitrary Power, Reasonable Belief Requirement, Procedural Safeguards
Constitutional Law Customs Law Criminal Procedure Validity of Search and Seizure Gold Control Rules Customs Act Interpretation Arbitrary Power Reasonable Belief Requirement +1 more

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Parties

R. S. Seth Gopikrishan Agarwal

Appellant

R. N. Sen, Assistant Collector of Customs & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether the search and seizure under Defence of India (Amendment) Rules 1963 (Gold Control Rules) and Customs Act, 1962 were valid.
  2. 2 Whether section 105 of the Customs Act, 1962 confers unguided and arbitrary power and is ultra vires Article 14 of the Constitution.
  3. 3 Whether the order of authorization for search requires explicit mention of 'reason to believe'.

Ratio Decidendi

Section 105 of the Customs Act, 1962 does not confer unguided and arbitrary power and is constitutionally valid; the search and seizure was authorized in substance with reasonable belief, and procedural requirements were reasonably satisfied; thus, the search and seizure were valid.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs.
  • Customs authorities to promptly conclude investigation and return documents not required to appellant.