JAI KISHAN DASS Vs. JASJIT SINGH AND ORS

JUDGEMENT

(1.) This letters patent appeal is directed against the judgment dated March 8, 1972 of a learned single Judge (Dalip Kapur J.) dismissing Civil Writ Petition No. 680 of 1968. In the writ petition the petitioner had challenged the legality of the show cause notice issued by the Gold Control Administrator on 26th of July, 1968. By the said show cause notice, the administrator proposed to enhance the penalty awarded to the appellant. The learned single Judge held that the show cause notice was legal and proper and dismissed the writ petition.

(2.) The relevant facts for the disposal of this appeal are as follows :-

(3.) On 12th May, 1967, the personal penalty amount of Rs. 2,000/- and the redemption fine of Rs. 5000/- was deposited by the appellant in the State Bank of India. The appellant thereafter obtained the permit on 15th of June, 1967, from the office of the Gold Control Administrator. As the said permit was initially valid up to the end of July, 1967, he made applications for extension from time to time and the same were granted. The appellant also made written requests from time to time for the release of gold. The appellant's case is that he was promised by the Collector of Central Excise that the matter was under consideration and that the gold in question would be released after a decision was taken. The last letter from the Collector of Central Excise, New Delhi intimating the appellant that the matter was under consideration was sent on 14th of Nov., 1967.