SURESH PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ application is directed against the order dated 16-1-1976 passed by the Collector, Central Excise, Patna as contained in Annexure 1 to the writ application, order dated 29-7-1977,, passed by the Gold Control Administrator, New Delhi as contained in Annexure 2 to the Writ application and the order dated 23-12-1980 passed by the Central Government through the Special Secretary, Government of India, Ministry of Finance as contained in Annexure 3 to the Writ application.

(2.) The facts of the case lie in a very narrow compass.

(3.) The Original petitioner No. 1 since deceased was father of the petitioner nos. 2 and 3. The Original petitioner No. 1 admittedly was a certified goldsmith having his shop in Rajgir bazar. Allegedly the petitioner No. 1 was ailing and the petitioner Nos. 2 and 3 began to look after the work of their father. It is admitted that on 25-10-1974 the premises of the petitioners were searched by the Customs and Central Excise authorities, as a result whereof although no primary gold or gold ornament was recovered, but certain exercise books and loose sheets showing transactions made by the petitioners with outsiders were recovered.