SHRIRANG RAMRATAN CHANDAK Vs. UNION OF INDIA

JUDGEMENT

(1.) The heirs of late Ramratan Shrivallabh Chandak, by means of this writ petition, seek to challenge the order dated 28th February, 1986 passed by the Customs, Excise and Gold (Control) Appellate Tribunal (for short, "the Tribunal").

(2.) On the basis of the information received by the concerned authority under the Gold (Control) Act, 1968, the search was conducted in the residential premises of Ramratan Srivallabh Chandak (since deceased) on 25th March, 1974. The search continued for three days. During the course of search, the primary gold was found in the wooden almirah kept in the room on the second floor. In the first compartment of the almirah 18 gold foils weighing 49.300 gms were found. At the base of this almirah, there was a drawer. That did not contain any incriminating material. The drawer was completely pulled out and it was found that there was a cavity at the base in between the base of the drawer and the base of the almirah. In the cavity 'Kalyan magazines' were found lying and upon removal of these magazines, one dabba containing three cartons of cuticura shaving sticks was found. Each carton of cuticura shaving sticks contained four gold slabs i.e. 12 gold slabs weighing 3730.800 gms were found. In the cavity, a cotton cloth bundle containing 13 gold rods in the shape of 'kadas' weighing 1326.800 gms was also found. These articles were seized and panchanama was drawn.

(3.) On 28th March, 1974 Ramratan Srivallabh Chandak was asked to make a statement but he expressed his inability for not being well. Later on his statement was recorded on 3rd April, 1974 and 2nd May, 1974. On the basis of the seizure of the primary gold, allegedly in contravention of the Gold (Control) Act, the notice was issued to Ramratan Srivallabh Chandak to show cause as to why the seized primary gold be not confiscated under Section 71 of the Gold (Control) Act for contravention of Sections 8(i) and 16 of the said Act. Ramratan Srivllabh Chandak was also prosecuted under Sections 8(i) and Section 16 read with Section 85(ii) of the Gold (Control) Act, 1968.