v. gupte solicitor general n. s. bindra and b. r. g. achar for the respondents.
the authorisation was granted by the 1st respondent assistant companylector of customs and central excise nagpur to the second respondent superintendent of customs and central excise on august 19 1963 to search the appellants premises shreeram bhawan and to seize and take possession of all gold gold ornaments etc.
the orders of the collector dated september 6 1963 and september 11 1963 both state that the companylector was of opinion that the documents were useful for and relevant to the proceedings under the customs act 1962.
437 448 449 and 490 of 1963.
central excise nagpur.
civil appeal number 677 of 1965 this appeal arises out of special civil application number 437 of 1963 relating to the search of the premises of the appellant durga prasad at tumsar and nagpur on the basis of an authorisation dated september 24 1963 issued by the assistant companylector of customs raipur to the superintendent of central excise at nagpur under s. 105 of the customs act which reads as follows shri h. r. gomes superintendent prev.
given under my hand and seal of this office this nineteenth day of august 1963.
ramdaspeth nagpur.
while the documents were at delhi the 3rd respondent viz.
appeals from the judgment and orders dated february 24 25 1964 of the bombay high companyrt nagpur bench in special civil applications number.
whereas information has been laid before me and on due inquiry thereupon i have been led to believe that the premises vaults lockers specified below and said to be in possession and companytrol of shri b. shri ram durga prasad are used for storage of gold gold ornaments in contravention of the provisions of the gold control rules details of premises vaults lockers to be searched.shri ram bhavan and premises appurtenance thereto including offices out houses etc.
respondent number 2 has also stated in para 3 of his return that information was received from a reliable source that the appellant had a companysiderable quantity of hoarded gold which had number been declared by him under rule 126 1 of the defence of india amendment rules 1963 and for this purpose a raid was made for search of gold and gold ornaments.
having taken possession of the documents respondent number 2 retained those documents at nagpur for about 8 days.
this is to authodse and require you to search for the said articles and documents in the shop office godowns residential premises companyveyance packages belonging to or on the person of shri durgaprasad saraf tumsar and if found to produce the same forthwith before the undersigned returning this authority letter with an endorsement certifying what you have done under it immediately upon its execution.
437 448 459 and 490 of 1963 wherein the respective appellants challenged the search and seizures carried out by the respondents at the residential cum business premises of the appellants in exercise of the power derived from rule 126 l 2 of the dtfence of india amendment rules 1963 hereinafter called the gold companytrol rules and ss.
105 and 110 of the customs act 1962 hereinafter called the customs act .
civil appellate jurisdiction civil appeals number.
677 to 680 of 1965.
the authorisation was granted under rule 126 l 2 of the def ence of india amendment rules 1963 and reads as follows to shri s. h. joshi superintendent of customs and central excise nagpur.
thereafter the documents were sent to delhi temporarily for proper translation by the departmental hindi officer.
which were believed to have been kept in companytravention of gold companytrol rules and also account books and documents.
seal of office.
the judgment of the companyrt was delivered by ramaswami j. these appeals are brought by a certificate from the judgment of the high companyrt of judicature at bombay nagpur bench dated february 25 1964 in special civil applications number.
civil appeal number 678 of 1965 this appeal arises out of special civil application number 490 of 1963 which relates to the search and seizure of the premises of sri durga prasad on august 19 1963 and august 20 1963.
s. pathak g. l. sanghi k. srinivasamurthy o. c. mathur ravinder narain and j. b. dadachanji for the appellants.
krishan dev 19 8 63 assistant companylector of customs and central excise nagpur.
this is to authorise and require you to enter the said premises with such assistance as shall be required and to use if necessary reasonable force for that purpose and to search every part of the said premises and to seize and take possession of all gold gold ornaments along with the receptacle companytainer or companyering thereof which you may reasonably believe to be kept in companytravention of the gold companytrol rules and also of such books of accounts return or any other documents as you may reasonably believe to be companynected with any companytravention of gold companytrol rules and forthwith report to this office regarding the seizure made returning this order with an endorsement certifying what you bad done under it immediately upon its execution.
