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Bernardo Steenholf Ultrich Vs. District Collector, Ernakulam and anr. - Court Judgment

LegalCrystal Citation
SubjectCustoms;Civil
CourtKerala High Court
Decided On
Case NumberO.P. No. 576 of 1959
Judge
Reported inAIR1960Ker177; 1960CriLJ821
ActsForeigners Order, 1948; Customs Act; Foreigners Act, 1946; Constitution of India - Article 226
AppellantBernardo Steenholf Ultrich
RespondentDistrict Collector, Ernakulam and anr.
Appellant Advocate K.P. Abraham, Adv.
Respondent AdvocateAd. General
DispositionApplication dismissed
Excerpt:
(i) customs - foreigners - foreign order, 1948, foreigners act, 1946 and articles 19 and 21 of constitution of india - applicability of act and order - petitioner claimed that while on travel he was disembarked by customs authorities by practically forcing him to land in cochin - petitioner contended that provisions of act applicable to only such foreigners who lands in india voluntarily - there is no provision in act making out any distinction regarding voluntarily or involuntarily presence - once foreigner present in india civil authority has got ample jurisdiction to take action under order or act - exercise of power followed by such authority justified by paragraph 11 of order . (ii) restrictions on foreigners - item 1 of section 3 (2) (e) of act deals with requirement of foreigner to..........of the sea customs act -- 8 of 1878 is now on bail and is residing in room no. 22 of the malabar hotel, willington island and it is necessary to restrict his movements, i do hereby order and direct under para 1 of the foreigners order, 1948 that the said bernardo steenholf ultrich should restrict his movements to the premises of the malabar hotel, willington island and to his journeys from the hotel to the district magistrate's court, ernakulam and back from the court to the hotel.(sd.)district collector andseal of the court additional district magistrate. tomr. bernardo steenholf ultrich, room no. 22, malabar hotel, willington island (through the superintendent of police. ernakulam).2. superintendent of police, ernaknlam for information and necessary action.' exhibit p6 runs as.....
Judgment:
ORDER

No. Cl.--2869/59 dt. 25-2-1959 Whereas it has been reported to me that Mr. Bernardo Steenholf Ultrich a Bolivian National the accused in C. C. 11/59 of the District Magistrate's court Ernakulam under Section 167(81) of the Sea Customs Act -- 8 of 1878 is now on bail and is residing in room No. 22 of the Malabar Hotel, Willington Island and it is necessary to restrict his movements, I do hereby order and direct under para 1 of the Foreigners Order, 1948 that the said Bernardo Steenholf Ultrich should restrict his movements to the premises of the Malabar Hotel, Willington Island and to his journeys from the hotel to the District Magistrate's court, Ernakulam and back from the court to the Hotel.

(Sd.)

District Collector and

Seal of the Court Additional District Magistrate. To

Mr. Bernardo Steenholf Ultrich, Room No. 22, Malabar Hotel, Willington Island (through the Superintendent of Police. Ernakulam).

2. Superintendent of Police, Ernaknlam for information and necessary action.'

Exhibit P6 runs as follows:

'PROCEEDINGS

OF THE DISTRICT COLLECTOR AND ADDITIONAL DISTRICT MAGISTRATE, ERNAKULAM. Present: Shri M. M. Varki,, I. A. S.

District Collector and Additional District Magistrate, Ernakulam

Read: 1. Report No. Cl 102/59 dt. 24-2-59 from the Superintendent of Police Ernakulam.

2. Report No. Cl. 102/59 dt. 3-1959 from the Superintendent of Police, Ernakulam.


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