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1966 Supreme(Cal) 138

D.N.SINHA, A.K.MUKHERJI
SHAMLAL SEN PRIVATE LTD. – Appellant
Versus
ADDITIONAL COLLECTOR OF CUSTOMS – Respondent


Advocates Appeared:
A.N.BANERJI, E.MAYOR, G.P.KAR, SOMNATH CHATTERJEE

SINHA, C. J.

( 1 ) THE facts in this case are shortly as follows: The respondent No. 1 Shamlal Sen Private Ltd. is a company registered under the Indian Companies Act, having its registered office situate at No. 3, Meerbahar Ghat Street (formerly 7 Nalini Sett Road), Calcutta and a workshop-cum-residence at No. 164, Cotton Street, Calcutta. The respondents Nos. 2, 3, 4 and 5 Sitanath Sen, Janakinath Sen, Shankarlal Sen and Tarak Nath Sen are the directors of the said company. The said company carried on business in gold and silver and is a manufacturer of gold loaves. Originally it was a partnership concern, commencing its business more than 100 years ago, but later on it was converted into a private limited company. On 29th December, 1954 both 7. Nalini Sett Road and 164, Cotton Street were raided by the customs authorities and a quantity of gold leaves, gold bullion and gold coins were seized together with books of account. On the 24th January 1955 a show-cause notice was issued by Mr. Srivastava the Assistant Collector of Customs etc. upon Mr. Janakinath Sen and the subject-matter of the said notice was stated to be as follows:"'sub :--One pkt contg. gold leaves (details shown





































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