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1973 Supreme(Pat) 221

SHIVESHWAR PRASAD SINHA, SHAMBHU PRASAD SINGH
Rara Brothers – Appellant
Versus
M. L. Dey – Respondent


Judgment

S.P.Sinha, J.

1. This application under Articles 226 and 227 of the Constitution of India is directed against the seizure of silver coins and melted silver belonging to petitioner no. 1, by the Customs authorities at Forebesganj, District Purnea and the prayer is that the goods seized be returned forthwith and a writ of mandamus be issued upon the respondents, namely, the Customs authorities, from taking any further steps against the petitioners in the matter of the said silver coins and melted silver. The facts as per the affidavits filed on behalf of the petitioners to this writ petition are as under; petitioner no. 1, M/s. Rara Brothers is a partnership firm carrying on business at Nalbari in the District of Kamrup, Assam. In course of its trade and business it purchases old silver ornaments, coins and melts the ornaments into Thakkas . Calcutta is one of the places where these goods are sold by petitioner No. 1. Petitioner No. 2, Mahabir Pd. Jain, is one of the partners in the aforesaid firm and petitioner No. 3, Parmeshwar Singh, is one of the employees of petitioner No. 1. For the purposes of carrying on its business and despatch of silver from Nalbari to Calcutta, ei









































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