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1987 (8) TMI 87 - SC - Central ExciseWhether the proviso to Section 71(1) of the Gold Control Act also relates to primary gold? Held that:- There will be no difficulty in not confiscating the primary gold under the proviso, for after such release the owner of primary gold will not be entitled to retain possession of the same, but will have to dispose it of or convert the same into ornaments. Therefore do not agree with the view expressed by the Division Bench of the High Court that the proviso to Section 71(1) of the Gold Control Act does not relate to primary gold. The Division Bench was greatly influenced by the fact that in view of Section 8(1) of the Gold Control Act, the possession of primary gold cannot be retained by any person. But, as already discussed above, such an interpretation is not possible to be made of the proviso to Section 71(1). The interpretation that we have put on Section 71(1) will not run counter to the provision of Section 8(1), in view of the fact that although the primary gold is not confiscated, it will not be allowed to be possessed by the owner, but has to be disposed of by him or converted into ornaments in the manner as mentioned above or as directed by the Administrator by his said order dated 30-7-1976. Appeal allowed.
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