M. Gouri Shankar Murthy, Member (J)

1. In this application under Section 82B of the Gold (Control) Act, 1968, read with Section 821 thereof, (hereinafter referred to as the Act), the Applicant requires the Tribunal to state a case to the Hon'ble High Court of Judicature at Allahabad, in regard to the following questions, said to be questions of law arising out of the Tribunal's orders dated 29-7-83, dismissing the Appeal filed by the Applicant originally before the Gold Control Administrator, [in terms of Sec. 80 of the Act, as it stood at the material time] but transferred to the Tribunal and heard as an Appeal, pursuant to Section 82K of the said Act:-

"(i) Whether the Department had established by any legal evidence on record or proved that the new gold ornaments weighing 1029,400 grams in fact belong to the applicant firm and possessed by the applicant in contravention of the Gold (Control) Act, 1968 and Rules made thereunder ;

(ii) Whether the Department had established any conscious possession of new gold ornaments weighing 1029.400 grams by the applicant firm especially when the learned Respondent himself has exonerated the partner of the firm of the charge of contraventi