TMI Blog1986 (1) TMI 303X X X X Extracts X X X X X X X X Extracts X X X X ..... dicature at Madras, on a petition filed by the applicant under Section 82(B)(3) of the Gold (Control) Act, 1968, we hereby state the case and refer the questions of law as contained in the above direction : 2. The facts of the case found by the Tribunal in Paragraph 4 of the order are:- This is one of the four cases of seizure of what was determined as primary gold by the Collector of Central Ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ign on the bangles had no pronounced shape. Further these items did not appear to have been polished." He also noted that it was quite unusual for a person stated to be normally residing at Rajasthan to bring gold pieces in unfinished form for being sold at Rajahmundry and utilise the sate proceeds therefrom for starting a business at that distant place. He found that the goods constituted primar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of 2.2" (10 Nos.), 1.9" (8 Nos.) and 1.5" (8 Nos.). The weight of a pair of each category was found to be 44.2 gms., 38.4 gms. and 31.9 gms. respectively. The circlets have been Joined together with the welded joint being still large and visible and not well-aligned. There is a-marked indentation .at the joint. The circular edges of the circlet are rough and not smoothened as in a bangle for wea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s in and around Rajasthan and do not help in the appellant. 5. The application for reference filed by the applicants under Section 82B was not referred by the Tribunal initially. Since the applicants have now obtained directions from the High Court to refer the following questions, these are now referred to the Honourable High Court of Judicature at Madras under Section 82(b) of the Act. 1. Whet ..... X X X X Extracts X X X X X X X X Extracts X X X X
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