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1971 Supreme(All) 174

K.N.SINGH
L. Kashi Nath – Appellant
Versus
The Collector, Central Excise, Allahabad – Respondent


Advocates:
R.N. Bhalla and S.N. Kacker, for Petitioner; Standing Counsel, for Opposite Parties.

ORDER :- The petitioner a partnership firm which carries on business in gold ornaments and articles of gold under the name and style of M/s Lala Kashi Nath Seth at Lucknow. The petitioner firm is a licensed dealer under the Gold Control Act, 1968. It is authorised to acquire ownership, possession, custody and control of gold, ornaments and articles of gold in accordance with the provisions of the Gold Control Act. On 27th April, 1971 at about 11 a.m. Superintendent of the Central Excise Department, Lucknow and other officers took a search of the petitioner's business premises. In the course of search, the officers of the Excise Department found ornaments kept on the ground floor for sale for which there was no licence, the account books of the firm were not maintained for certain period and the forms prescribed under the Gold Control Act were also not maintained. One piece of foreign gold was found from the possession of one of the artisans working at the business premises of the petitioner. The officers of the Excise Department took into custody 2583 pieces of ornaments which weighed 22151.370 grams. These goods were seized and taken in boxes and deposited with the Reserve Bank of


















































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