( 1 ) THIS is an application under Article 226 of the Constitution for an appropriate writ for quashing of an order of confiscation of the petitioner's gold of the value of about Rs. 10,00,000 passed by the Collector of Customs under the provisions of the Sea Customs Act, 1878, and for direction upon the respondents 1 to 3 to return the said gold to the petitioner.

( 2 ) THE petitioner is a private limited company and carries on business as bullion merchants. The case of the petitioner is that prior to its incorporation this business was being carried on by a firm of the same name on a very large scale for about the last twenty years. The petitioner purchases gold at Calcutta or Bombay and does not import any gold from any foreign country. Between 14th November 1950 and 20th November 1950 the petitioner in the usual course of business purchased gold in the market and in respect of such purchases borrowed moneys from its bankers Messrs. National Hendels Bank N. V. and Messrs. Bharat Bank Ltd. who are respondents 4 and 5 in this application. The gold so purchased was deposited with the respondent banks as security for the said loans. It is alleged that between the said two