BRIJ NATH Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India the petitioner has challenged the action of the respondents in confiscating-gold ornaments weighing 569 graros and in imposing a penalty of Rs. 500. The petitioner has sought the release of the said ornaments and waiver of the penalty. He has also prayed for quashing of the show cause notice, the adjudication order as well as the orders in appeal and in revision which are Annexures' D'' J'.M' and 'O' respectively to the writ petition.

(2.) At the relevant time the petitioner carried on sarafa business at his business premises in Partap Bazar, Vrindavan, Mathura. U.P. This is his proprietory business. It includes the purchaise and sale of silver and silver ornaments and utensils. According to the petitioner he also accepts gold and silver ornaments given to him for pawning. According to him he did not carry on any business in gold and gold ornaments at the relevant time i.e. 17th of November 1972 on which date the; business premises and residence of the petitioner were searched by the officers of the Central Excise Department (from Agra) who administer the Gold (Control) Act 1968 (for short Act). The petitioner is not a licensed dealer in Gold.

(3.) Pursuant to the aforesaid search, 569 gms. of gold ornaments were seized from the business premises of the petitioner and a recovery memo was prepared which is Annexure 'A' to the, writ petition. In this recovery memo the weight of the seized gold ornaments is mentioned as 560 gms. It is recorded in that memo that on interrogation the petitioner stated that all the seized ornaments belonged to his different customers but he was not in a position to give their names and would supply the list of such customers within a fortnight. He also admitted that he did not possess either any, gold dealer's licence or a certificate of a goldsmith.