AJIT KUMAR SENGUPTA, J.

( 1 ) THE application is directed against the order dated 24th April, 1986 of the Tribunal rejecting the prayer of the petitioner to redeem offending gold on payment of redemption fine. The facts leading to this application are stated hereinafter.

( 2 ) THE first petitioner carries on business, inter alia of husking mill building materials at Dwarhatta in the district of Hooghly, West Bengal. The second petitioner is the wife of the first petitioner. The father of the first petitioner carried on business in gold at Sonapatti, Burrabazar, Calcutta. But the first petitioner is stated to have never dealt in gold. The father of the first petitioner died in the year 1930 when the first petitioner was only 2 years old. Before his death, the father of the first petitioner kept some gold bars with his mother. The first petitioner occasionally lends money to relatives against deposit of gold ornaments for which the first petitioner maintained a separate account. In or about 1973 the mother of the first petitioner gave the said gold bars to him for keeping the same in India Safe Deposit Vault Co. Ltd. at No. 2, Brabourne Road, Calcutta for safe custody. The first pe

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