V. RAMASWAMI, A. N. GROVER, G. K. MITTER, J. C. SHAH, M. HIDAYATULLAH
Harakchand Ratanchand Banthia – Appellant
Versus
Union Of India – Respondent
Judgment
RAMASWAMI, J.: - In these petitions which have been filed under Art. 32 of the Constitution a common question is presented for determination, namely, whether the Gold (Control) Act, 1968 (Act No. 45 of 1968) is constitutionally valid.
2. The Gold (Control) Act, (hereinafter called the impugned Act) was passed by Parliament and received assent of the President on September 1, 1968. The impugned Act begins with the following preamble, namely, an Act to provide in the economic and financial interests of the community, for the control of the production, manufacture, supply, distribution, use and possession of, and business in, gold, ornaments and articles of gold and for matters connected therewith or incidental thereto . Section 2 contains a number of definitions. Section 2 (b) defines an article to mean anything (other than ornament), in a finished form, made of, manufactured from or containing, gold, and including (i) any gold coin, (ii) broken pieces of an article, but no including primary gold. Clause (d) defines a certified goldsmith to mean a self-employed goldsmith with who holds a valid certificate, referred to in S. 30. Clause (h) defines a dealer as follows
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