TMI Blog1966 (12) TMI 75X X X X Extracts X X X X X X X X Extracts X X X X ..... which the customs authorities took action against the petitioner, are that on 9th April, 1956, the customs officers of the Central Excise Collectorate, New Delhi, on a prior information, apprehended the petitioner when he was sitting at the shop of Shri Rattan Chand Saraf in Chandini Chowk, Delhi; that he had a bag lying close to him at the said shop; that he was asked by the customs officers to show the contents of the said bag and that on search it was found to contain 12 pieces of Bathur gold with a marking of `R.C.R.D.' on them. The petitioner was then brought to the Customs House, Delhi and 4 more bars of similar gold was recovered from him from his waistcoat. The said 16 pieces of gold weighed 399 tolas, 9 mashas and 2 rattis. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... old from or to the petitioner. The petitioner, in reply to the show cause notice reiterated his stand, disclosed earlier, that the gold in question had been purchased by him in a bona fide manner through Shri Mukand Lal Saraf, broker, in open market at Amritsar and that the marking `R,C,RD' was of a refiner's firm of Amritsar, who kept regular accounts of all business transacted by them. As evidenced by the order of the Collector of Central Excise and Land Customs dated 8th March 1957, the petitioner expressed desire to summon the records of the Telephone Department, Posts and Telegraph Department and of the Refinery of Rattan Chand Rikhyab Dass of Amritsar. He also wanted to summon the records of Dharm Kanta of the said firm, Ratta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any witnesses but only to direct the records to be preserved so that they may be summoned as and when required. This objection on behalf of the respondents is an attempt at hairsplitting, which cannot be countenanced. Where the allegation is of denial of natural justice, it is the substance of such requests which has to be seen. Apart from that, I find that sufficient particulars have been given in the letter dated 3rd July, 1956, which also contains a request that the said materials may be collected by the customs department to expedite the proceedings. As I read the letter, it is a clear request to make those records available to the petitioner, and it is not denied on behalf of the respondents that the authorities concerned had t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e available from the said record. If there is any difficulty in this matter, I may be permitted to have the record examined for the above mentioned purpose. This data would conclusively establish that the gold bars under reference were purchased from the local market. (3) I submit that it would not be possible for me to produce the witnesses of the records as I have no authority to enforce their attendance or production as the case may be. In the interest of justice, the attendance of necessary witnesses and production of the documents, as has been listed by me or may be listed by me be enforced through your department. This letter was replied to by the Superintendent (Preventive), New Delhi, on 24th October, 1956, and he said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be summoned and I think, it was a clear request to make those materials available. That apart, the customs authorities did not decline to summon the materials on the ground of vagueness but on the ground that the petitioner must himself make his own arrangements for the same. If this view were to be upheld, it would be impossible for any person to effectively meet the charge against him I think, it is the duty of the customs authorities to assist an accused person in the production of materials and the statute has conferred that power to that end. After the dismissal of the writ petition, the petitioner took recourse to the various remedies by way of appeal and revision and it is not disputed on behalf of the respondents that in the ground ..... X X X X Extracts X X X X X X X X Extracts X X X X
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