1989 (4) TMI 86 - HC - Central Excise

Summary

Issues:
1. Authority of Assistant Collector to issue search warrants and competency of Deputy Collector to order confiscation and impose penalties.

Detailed Analysis:
1. The petitioner challenged the authority of the Assistant Collector to issue warrants for the search of their house and the competency of the Deputy Collector to order confiscation of gold ornaments and impose penalties under the Gold Control Act, 1968.
2. The search of the petitioner's premises led to the recovery of gold ornaments, and subsequently, the Deputy Collector issued a notice for confiscation and penalty. The petitioner claimed that some of the seized ornaments belonged to others and were not liable for seizure.
3. The Deputy Collector confiscated the gold ornaments and imposed a penalty, which was later reduced on revision. However, it was discovered that the Assistant Collector lacked the authority to issue the search warrant, and the Deputy Collector was not competent to pass the adjudication order.
4. The respondents argued that the Assistant Collector was empowered to issue search warrants under Section 58 of the Gold Control Act and that the Deputy Collector had the authority to confiscate gold valued under Rs. 1 lakh.
5. The court found that the Central Government could appoint Gold Control Officers, but not officers below the rank of Superintendent of Central Excise for search purposes, and the Assistant Collector lacked the necessary authority to issue the search warrant.
6. The value of the seized gold ornaments exceeded the jurisdiction of the Deputy Collector to order confiscation and penalties, as per relevant notifications and provisions of the Gold Control Act.
7. The court criticized the respondent department for failing to provide relevant notifications justifying the search, seizure, confiscation, and penalties imposed, leading to the quashing of the orders and directing the refund of charges and penalties to the petitioners.
8. The petition was accepted, and the orders for confiscation and penalties were quashed, with directions to refund the amounts imposed and to cancel the criminal proceedings against the petitioner.