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TMI Blog1985 (7) TMI 361X X X X Extracts X X X X X X X X Extracts X X X X ..... ₹ 5000 on Govindaraju. As the incident leading to the appeals and the order against which the appeals have been filed are common, I am disposing of these two appeals by a common order. 2. The brief facts of the case are that on 13-9-1976 the Departmental Officers challenged Govindaraju when he was exhibiting certain ornaments on the glass show-case of Anita Jewellers, Bangalore. Search of a rexin bag that he was carrying resulted in the recovery of some more gold ornaments, these together weighed 2032 gms. Statements were recorded from Govindaraju and Nandakumar when it was stated that they were certified goldsmiths of Coimbatore, and the ornaments seized were partly manufactured by the two certified goldsmiths and partly by ten ot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1981) 2 Supreme Court Cases 693. He also claimed that the ornaments seized were the personal ornaments of the two appellants and they are worth about a lakh of rupees, each on the basis of statements to the representative orally by the appellants. Sale of personal ornaments would not constitute an offence under the Act; hence he pleaded that the order of the Collector should be set aside in toto. 4. As an alternate plea, he urged that the quanta of fine in lieu of confiscation and penalty be reduced. 5. The Departmental Representative, on the other hand, referred to certain features of the case which would conclusively establish the offence. The ornaments were new; no documents regarding the possession of ornaments were available at t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y evidence on record. It is difficult to believe the say-so of the representative of the appellants at the bar when he himself candidly admitted that the appellants worth was based on oral statement of his clients to him. It is on record that Nandakumar has no landed property and he is living in a house with a rental of just ₹ 200-/. I also note that the items seized consist among others, of 50 small rings, 83 assorted rings, 27 single-row chains, 254 ear studs, another 66 ear tops with stones and 13 vanki with stones. The circumstances in which the seizure has been effected and the number of items in each category leaves no doubt in my mind the plea that the ornaments are the personal property of either of the appellants is not acce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ine in lieu of confisction is a common one though the ornaments belonged to two parties and hence the order would be bad in law. I see no force in this argument; whoever is the owner will have to establish his claim for the ornaments before the Department for purposes of redemption, (I note that I am dealing with an order of de nova adjudication, and the ornaments have in fact been cleared on payment of fine fixed by an earlier order, which was set aside by the Tribunal, much earlier to the date of the present order itself). 11. The quantum of gold ornaments involved is 2032 gms. Transgression of the Gold (Control) Act, particularly by certified goldsmiths; has to be visited with exemplary punishment so that the concessions granted to ce ..... X X X X Extracts X X X X X X X X Extracts X X X X
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