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2010 (4) TMI 104 - DELHI HIGH COURTGold (Control) Act, 1968 - considerable quantities of gold in the form of coins, bars, sovereigns, pieces as well as in the form of articles/ornaments including studded and unstudded jewellery – It must be recalled here that the central government has proceeded on the footing that upon the death of the late Maharaja, the entire property devolved on his legal heirs comprising Petitioner Nos. 2, 3 and 4. It has proceeded on the footing that Col. Sawai Bhawani Singh as the karta of the HUF was liable to make the declaration under the GCA as he was answerable for the entire estate of the late Maharaja. Under Section 16 (2) (g) where the gold is owned, possessed, held or controlled by a HUF, the declaration has to be made by the head or karta of such family. In the instant case, the Government has after a detailed adjudication concluded that neither the HUF nor the individual members can be held liable. Even the penalty of ₹ 5 lakhs levied on Petitioner No.1 has been remitted. - held that - the impugned order dated 31st March 1981 of the central government to the extent that it sustains the order of the Administrator dated 31st March 1980 ordering confiscation and imposing a fine of ₹ 80 lakhs in lieu of confiscation of the seized gold is hereby set aside. Consequently the amount of ₹ 80 lakhs will now be refunded to the estate of the late Maharaja together with simple interest @ 6% per annum from the date on which the fine in lieu of confiscation was paid by Petitioner No.1 while getting the seized gold released till the date of its refund to the estate by the central government. The said amount shall be deposited in this Court by the central government, together with costs of this petition which are quantified at ₹ 50,000/- within a period of eight weeks.
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