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DEVI PARSAN AND OTHERS Versus STATE OF HARYANA AND OTHERS

1986 (2) TMI 176 - PUNJAB & HARYANA HIGH COURT

CONFISCATION - 1901 of 1980 - Dated:- 5-2-1986 - I.S. Tiwana, J. ADVOCATES : Mr. J.N. Kaushal, Senior Advocate with Mr. V.K. Sharma, for the Petitioners. Mr. G.S. Chawla, for Nos. 2 to 4, of the Respondents. [Oral Judgment per : I.S. Tiwana, J.]. - The following facts furnish the background of the case : On December 25, 1975, the petitioners in pursuance of a scheme published in the Government of India Gazette dated October 8, 1975, for voluntary disclosure of income and wealth made a disclosure .....

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the return of the gold in question. As a result of this, the trial Magistrate, vide his order dated March 16, 1978 directed the delivery of the gold back to the petitioners. Against, this order of the Magistrate, the custom authorities preferred an appeal before the Additional District and Sessions Judge, Jind. While upholding the order of the trial Court, the appellate Court vide its order dated September 20, 1979, Annexure P. 6 gave the following directions : After considering the matter and .....

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ed that the Treasury Officer should not actually deliver the property to Devi Parsan etc. before 20-10-1976 so that if any of the parties wants to go in revision against my order, it could do so and obtain orders from the Hon ble High Court. Still not satisfied with this order, the said authorities preferred a revision petition in this Court which was finally disposed of on July 3, 1979, vide Annexure P. 7 upholding the order of the appellate authority. Those orders have undisputably achieved fi .....

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tion or seeking the permission of the Gold Control Administrator to convert the gold-which undoubtedly is primary gold -in the light of the ordinance under which the disclosure had been made i.e. voluntary Disclosure of Income and Wealth (Amendment) Ordinance, 1975. By virtue of clauses 15 (A & B) of this Ordinance, the petitioners undisputably became entitled to either sell the gold to any licensed dealer under intimation to Gold Control Officer of the rank of Assistant Collector of Central .....

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to decide the above-noted applications of theirs, i.e. Annexure P. 2, P. 8 and P. 9 on merits within a stipulated period and for the return of the gold in the light of the directions contained in the orders of the Judicial Courts i.e. Annexures P. 1, P. 6 and P. 9 and for a further relief in the light of clause (ii) of section 15-B of the Ordinance referred to above i.e. Ordinance No. 23 of 1975. 3. All that is being said on behalf of the respondent-authorities is that the Customs authorit .....

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