ARYA ABHUSHAN BHANDAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioners with a prayer that the orders passed by respondent Nos. 1, 2 and 3 on 14th December, 1973, 19th November, 1977 and 25th January, 1980 which are Annexure-8, Annexure-9 and Annexure-10 respectively may be quashed and the respondents may be commanded to return the seized and confiscated items of gold.

(2.) The brief facts leading to the petition are that on 14th March. 1973, Custom Inspector, Mau, Sri Kamta Prasad accompanied by two other Custom Inspectors, namely, Sri K. P. Jaiswal and Sri V. K. Srivastava searched the business premises of M/s. Arya Abhushan Bhandar, Mau. The search party consisted of, besides the Officers named above, Sri Jamuna Prasad Mishra and Sri Ram Dhyan Singh constables of the Customs Departments and two police constables. As a result of the search, the following gold articles were recovered : "1. 270 pieces of gold ornaments weighing 1418-400 grams worth Rs. 21,187.00 only manufactured by M/s. Arya Abhushan Bhandar, Mau for sale. 2. 12 pieces of foreign gold primary gold weighing 166.00 grams worth Rs. 3,825.00 paise only recovered from the business premises of the abovementioned firm.

(3.) 22 pieces of gold ornaments weighing 216.700 grams worth Rs. 3,415.00 paise only said to be received by the firm from customers for repair and hypothecation.