Customs control over goods in Port Trust custody upheld; impugned letter quashed and earlier order enforced.

Port Trust custody of seized goods did not displace Customs control where the record showed that auction proceedings had been initiated at the instance of the Customs authorities. The Court found no acceptable basis for the Port Trust to assert ownership or to deal with and sell the goods in preference to Customs, and held that there was no bar to the relief sought once the sale had been finalised in favour of the highest bidder. The impugned letter dated 23-6-1979 was quashed, and the respondents were directed to act in accordance with the earlier order dated 31-5-1979.

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Issues: Whether the Port Trust authorities could claim authority to deal with and sell the goods in question in preference to the Customs authorities, and whether the impugned letter dated 23-6-1979 was liable to be quashed with a direction to act in terms of the earlier order dated 31-5-1979.

Analysis: The goods were under custody of the Port Trust on behalf of the Customs authorities, and the record showed that an auction process had been initiated at the instance of the Customs authorities. The Court found no acceptable basis for the Port Trust's claim of ownership over the goods. It held that there was no bar to granting the relief sought, particularly where the sale had been finalized in favour of the highest bidder and the impugned action appeared unjustified.

Conclusion: The impugned letter was quashed and the respondents were directed to act in accordance with the order dated 31-5-1979. The writ petition was allowed.

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