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1978 Supreme(All) 691

YASHODANANDAN, DEOKI NANDAN
L. Kashi Nath Seth – Appellant
Versus
Collector. Central Excise, Allahabad – Respondent


Advocates:
Sri Dhar, and R.P. Tripathi, for Appellant; V.K. Burman, for Respondent.

Judgement

DEOKI NANDAN, J. :- This special appeal is directed against the judgement of a learned single Judge of this Court dismissing Civil Misc. Writ Petition No. 6429 of 1971. The judgement under appeal is dated May 19, 1975.* Two writ petitions were disposed by the same judgement. The other writ petition was numbered 563 of 1972. Munshi Ram v. Collector, Central Excise. That was partly allowed. The present special appeal does not relate to that part of the judgement.

* Reported in AIR 1976 All 35.

2. The only point raised by the petitioner in the writ petition No. 6429 of 1971 before the learned single Judge was that the provisions of Sections 71 and 73 of the Gold (Control) Act, 1968 were unconstitutional and void. The learned single Judge found that although Ss.71 and 73 of the Gold (Control) Act, 1968 (hereinafter referred to as the Act) were held to be unconstitutional by the Supreme Court in Badri Prasad v. Collector of Central Excise, (AIR 1971 SC 1170), the vice pointed out by the Supreme Court was removed by amendment of those Sections by the Gold Control (Amendment) Act, 1971 and that neither of the two Sections, as they stood after the amendment, could be said to be unco





































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