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1984 Supreme(SC) 115

D.P.MADAN, V.BALAKRISHNA ERADI, V.D.TULZAPURKAR
Manick Chand Pal: Mohan De: Harishchandra Vyanakatrao Ravankar: Chiman Lal Luthra: Kewal Krishan And Sons: Gian Chand Kapoor – Appellant
Versus
Union Of India: Union Of India: Union Of India: Union Of India: Union Of India: Assistant Collector, Central Excise, Amritsar – Respondent


Advocates:
A.K.SEN GUPTA, A.K.VERMA, A.Subhashini, Abdul Khader, D.GOVERDHAN CHARY, D.N.Mishra, D.P.MUKHERJI, G.S.CHATTERJEE, GOBIND DAS, R.N.BANERJEE, Y.S.Chitale

JUDGMENT

TULZAPURKAR, J.:— By these writ petitions the petitioners, who are licensed dealers, are challenging the constitutional validity of the Gold (Control) Act, 1968 and in particular the provisions contained in Sections 2(p), 16, 27 (as amended), 44, 48, 52, 79 and 100 (as amended) and the Gold Control (Forms, Fees and Miscellaneous Matters) Rules, 1968 (as amended in 1975/1976) and the Gold Control (Identification of Customers) Rules, 1969 as being violative of their fundamental rights under Arts 14 and 19(1)(g) and are seeking suitable directions restraining the respondents from giving effect to any of those provisions. Some of the petitioners (including the petitioner in S. L. P. (Civil) No. 538 of 1973) are challenging the Government of Indias Letter of Instructions and the Trade Notices withdrawing the facility of permitting licensed dealers to send ornament for sale through their travelling salesman as being violative of the constitutional guarantee under Art. 301 as also their fundamental rights under Arts. 14 and 19(1)(g) of the Constitution.

2. At the outset we would like to observe that the several grounds of challenge will have to be considered in the background of t







































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