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Issues:
1. Interpretation of Rule 140 of the Central Excise Rules regarding the imposition of conditions for licensing private warehouses. 2. Constitutionality of the notification issued by the Collector of Central Excise requiring a solvency certificate for the bond amount. 3. Applicability of Article 19(1)(g) of the Constitution in relation to the restrictions imposed on traders. 4. Comparison with previous judgments on similar issues. Analysis: 1. The judgment revolves around the interpretation of Rule 140 of the Central Excise Rules concerning the Collector's authority to impose conditions for licensing private warehouses. The rule allows the Collector to require a bond with surety or security in an amount and under conditions approved by the Collector. The court determines that the Collector has the power to impose conditions, including the requirement that the trader himself be solvent for the bond amount. 2. The constitutionality of a notification issued by the Collector, mandating a solvency certificate for the bond amount, is challenged. The petitioner argues that such a requirement infringes Article 19(1)(g) of the Constitution, which guarantees the right to carry on trade. However, the court disagrees, stating that it is not unreasonable to demand solvency from a trader applying for a license for a private warehouse, as it ensures financial stability and compliance with excise regulations. 3. The court addresses the concern that the notification's requirement may prevent individuals without substantial immovable property from engaging in trade. It clarifies that the bond amount specified in the notification is reasonable and does not necessitate immovable property ownership. The officer issuing the license can verify the applicant's financial standing and solvency, even without immovable property, as long as the applicant is deemed solvent by the officer. 4. The judgment references previous cases to support its interpretation. It distinguishes a prior case where a notification only required the surety to be solvent, highlighting that the current notification explicitly stipulates solvency for both the surety and the obligor. The court concludes that the Collector has the authority to demand a solvency certificate from the obligor based on a proper construction of Rule 140. 5. In light of the above analysis, the court dismisses the writ petition, upholding the notification's validity and the Collector's power to require a solvency certificate. The judgment emphasizes the importance of financial stability in licensing private warehouses and rejects the argument that the notification unreasonably restricts trade rights under Article 19(1)(g) of the Constitution.
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