JUDGMENT

Kapadia, J.-This appeal by special leave is directed against the judgment and order of the Division Bench of the Bombay High Court dated 5.1.1994 passed in Appeal No. 19 of 1992, by which the Division Bench allowed the appeal preferred by the respondents, thereby setting aside the judgment and order passed by the learned Single Judge dated 11.9.1990 in Writ Petition No. 2406 of 1982 and consequently confirming the orders of the Adjudicating Authorities confiscating the primary gold, weighing 37,398.300 gms. and valued at Rs. 18.70 lacs, under section 71(1) of the Gold (Control) Act, 1968 (hereinafter referred to for the sake of brevity as "the 1968 Act") with imposition of penalties on each of the appellants herein under section 74 of the said Act.

2. The undisputed facts are as follows:-

The appellants are the son and widow respectively of one Udhavdas Ahuja. Udhavdas had married twice - first to the mother of appellant No.1 who died on 19.2.1950 and next to appellant No.2 on 1.7.1950. Appellant No.1 was born on 16.2.1950. Udhav s grandmother Bhojibai died on 4.7.1951. On August 28, 1974, the Income Tax Commissioner issued an authorization under section 132 of the Income Tax