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1958 Supreme(Mad) 263

RAJAGOPALAN, BALAKRISHNA AYYAR
Nathella Sampathu Chetty, Proprietor of Nathella Sampathu Chetty and Son – Appellant
Versus
The Collector of Customs, Madras. – Respondent


Advocates:
S. R. Vakil for K. K. Jacob and S. K. L. Rattan, for Petitioners.
The Advocate-General (V. K. Tiruvenkatachari) and Government Pleader (B. V. Viswanaiha Ayyar), for Respondent.

Rajagopalan, J.-

The first petitioner is the proprietor of a firm which carries on business at Madras in gold, bullion and jewellery. The second petitioner is an employee of the firm. On 26th June, 1956, when the second petitioner alighted from the Bombay Mail at the Central Station at Madras, he was in possession of four blocks of moosa gold weighing about 1,000 tolas valued at over, one lakh of rupees. The claim of the petitioner all along was that the first petitioner was the owner of that gold as it was with the money found by the first petitioner that the gold was purchased at Bombay by the second petitioner for and on behalf of the first petitioner.

The following narrative of what happened after the second petitioner got off the train at the Central Station on 26th June, 1956, is taken from the order of the Collector of Customs, dated nth March, 1957:

"On 26th June, 1956, at about 6 a.m., Sri G. Nandagopal (second petitioner) who alighted at the Central Railway Station from the Bombay Express (?) train was intercepted by a Head Constable attached to the Prohibition Intelligence Bureau, Madras. Shri Nandagopal admitted that he was in possession of gold, which he was bringing for














































































































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