TMI Blog1979 (11) TMI 260X X X X Extracts X X X X X X X X Extracts X X X X ..... R The petitioners are pawn brokers lending money to people on hypothecation of ornaments, jewelleries and gold and silver articles. The petitioners have not received any direction under section 6 of the Gold (Control) Act for making any declaration of gold in their possession, custody or control under the said Act. The petitioners allege that they are sought to be roped in under section 16 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y pawn-brokers holding goods against money lent and were bound to return the same as soon as money lent by them was repaid. They could not be said to be persons owning or in possession or custody or control of the ornaments or the articles which were pawned to them. Mr. Ghosh further urged that the words "possession, custody, control" in section 16(1) of the said Act had to be read adjuesdem gener ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... make a declaration in terms of form No. GS 3 and also in terms of new form GS 3A. The particulars could not be given at all correctly or otherwise by the petitioners as they were not owners of the fineness of the gold in the ornaments and articles which were pawned to them nor they were aware of the weight of the gold which those ornaments and articles contained. The ornaments and articles, apart ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... file a return. So far as filing a further declaration in form No. GS 3A is concerned, in my opinion, there is no difficulty on the part of the petitioners to make the same. The form merely requires a pawn-broker to give the number of Pawnees whose unreturned and articles remain unreasoned and the number and weight of such ornaments and articles. That form did not require the pawn broker to give th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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