1977 (8) TMI 140 - SUPREME COURT

Whether the provision as to the forfeiture in the impugned section is a penalty or whether it is merely a device to collect the amount unauthorisedly realised by the dealer?

Held that:- Appeal allowed. It was submitted by the learned counsel for the assessees that apart from the question of legislative competence and the challenge based on articles 14 and 19(1)(f) certain questions of facts arise and they will have to be dealt with by the High Court. On ascertainment of such cases a direction will issue to the High Court to decide those cases on merits.