TMI Blog1988 (9) TMI 216X X X X Extracts X X X X X X X X Extracts X X X X ..... ere the holders of Gold Dealers Licence No. 423/G/63. The appellant was one of the partners of the firm M/s. Mehta Emporium. For the contravention of the provisions of the Gold (Control) Act, on 13/2/1979, by M/s. Mehta Emporium, the adjudicating authority imposed a penalty of Rs. 5,000/- on the appellant besides ordering confiscation and levying fine in respect of the seized gold. On appeal by the firm M/s. Mehta Emporium this Bench by its order No. 229/87 WRB dated 13-3-1987 set aside the penalty on one Shri Sawantraj Hanwantraj and confirmed the penalty on the appellant and also confirmed the confiscation as well as the fine. 4. On 11-4-1983, the appellant herein made an application for Gold Dealers Licence in his name. On 12-4-1983, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... who contravened the provisions of the Gold (Control) Act in the year 1979, it was he who held by the adjudicating authority and the order of the adjudicating authority was confirmed by the Tribunal. The penalty of Rs. 5,000/- imposed on the appellant was also confirmed by the Tribunal. Though the appellant was acquitted by the Criminal Court, it will have no bearing as the proceedings before the adjudicating authority and Criminal Court are two different proceedings. We, questioned Shri Arya as to whether the present appellant had contravened any provisions of the Gold (Control) Act or the Rules made thereunder after the licence dated 17-7-1984 was issued to him. Shri Arya had to concede that the records do not disclose that there was any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such licence or certificate, for making such incorrect or false statement or for such contravention, as the case may be : Provided that no such licence or certificate shall be suspended for a period exceeding ten days unless the holder thereof has been given a reasonable opportunity of showing cause against the proposed action) The Administrative may, if he is satisfied, after making such enquiry as he may think fit, that the holder of any licence or certificate issued, renewed or continued under this Act has made such incorrect or false statement as is referred to in sub-section (1) or has contravened the provisions of such law, rule or order as is referred to in that sub-section, cancel such licence or certificate, as the case may be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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