BAL RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment will dispose of Civil Writs Nos.1164 and 1142 of 1979 which are directed against the order of the Governmentof India whereby revision petitions filed by the petitioners against the order ofthe Collector of Customs and Central Excise were dismissed.

(2.) Briefly stated the facts are that on 13/03/1965 the Police andCentral Excise & Customs Officials, near the exit gate of Company Bagh opposite Delhi Main Railway Station, recoverd from Balram (petitioner) one Goldbar weighing 1698.25 grams of over 14 carat purity. This Gold bar was seizedby the officials under Rule 126-L of the Defence of India (Amendment) Rules,1962. On a statement alleged to have been made by Balram the business premises of the other petitioner Sant Lal, were raided at Katra Sat Narain, ChandniChowk, Delhi. Indian currency of Rs. 14.720.00stated to be representing partsale proceeds of the seized Gold bar were recovered.

(3.) The case was adjudicated upon, after show cause notice had beenissued, by the deputy Collector (Gold), New Delhi who vide his order dated 2 1/06/1971 ordered the confiscation of the said gold bar under the Defence ofIndia (Amendment) Rules. Personal" penalty of Rs. 1,000.00and Rs. 15,000.00was imposed on Balram and Sant Lal respectively.