Civil Procedure - Forfeiture proceedings - Smuggled tyres - Form of
decree ••

Customs - Forfeiture - Smuggled tyroS - Form of decree.
Judgment - Decree - Form of decree in ~rfeiture proceedings.
station, and seized as _smuggled goods, and the owner instituted a civil!

suit for their recovefy, the District Judge must order forfeiture, if

he finds the goods were smuggled, or release them. if he finds they

were imported h<;>nestly, but has no other course open to him.

Cust oms Regulat i ans 1942 •.

* Court: Halford, J.

ReVl. S i CIl.

:l$H>f._,F.~.IS, 18.4'2, ~:.a.i:t9rd;).;J. I The facts could .not be simpler. A

lerry arrived at Kassala from Eritrea and, in accerdance with regulations,
was parked in the Customl.;: enclesure. I understand frem the evidence

it was leaded with hides. On un leading , 6 tyres were discevered under
the hides. TheY' had net been manifested, \-lere treated bY' the Custems

as smuggled geeds and cenfiscated. The ewner claimed thsir release by
civil suit and was awarded part value.

The Gevernment has applied, very naturally, fer revision ef the

decree, which unqueatd onab Iy the District Judge had no. power- to. make,

as either the goods "lere .smuggled, in.l-lhich case theY' were liable to.
forfeiture, or imperted henestlY', \'lhich entitled the e\'Iller to. their
pessessien. There ceuld therefere have been enlY' ene issue ter determination,
namely 'l'lhether the tyres were smuggled. The District Judge aisdirected
himself in framing the secend issue, and the representative ef the
AtterneY'-General, l-lhe was present, ahoul.d have ebjected to. its f'orm ,

which shoul.d have been "and sheuld theY' be cendemned"?

The District Judge has delivered a Long judgment centaining a
quantitY' ef matter \'lhich, with due respect to. him~ is .. entirely irrelevant
to. the issue, \'lhich is purely a question ef fact •. Apart frem the eral
testimonY', intention to. smuggle ·is clearlY' indicated by the fact that

the tyres \-lere hidden under the hides, and net manifested. The decree
will therefere be set aside, and the erder on reVision substituted

that ,the suit be dismissed.

. I desire to. add in cenclusien that I de net knew ho.w important a
station Kassala mavr be frem the Custem':; peint ef . view , but I think

that the Kassala Custems Of~icer sheuld be a respensible persen, capable
ef making up his mind, and.abeve, all ef exercising his discretion. A
Lerey o-bvieusly dees net carey 6 spare tyres, but it might very \'le11
carey two. er even three, and it wouJd be •• the height of stupidity if t
acting Under the striot letter.ef .the law, the Custems cenfiscated them.
lJowever, the Customs Offioer nel-l has the previsions ef the Custems
(Control ef Meter Vehicles) Regulations 1942 to. assist him.

Application allewed.