- (1.) On a complaint filed by the Deputy Controller, Central Excise (Gold Control), Calcutta, the accused Petitioner and the co-accused opposite party, Balai Charan Das, were summoned by an order dated May 19, 1967, under Rules 126P(1)(11), 126(l)(k) and 126P(2)(ii) of the Defence of India Rules, 1962.
(2.) The allegations made in the complaint, in brief, were as follows: The officers of the Gold Control Department of the Central Excise carried on a search on May 26, 1963, in the Jewellery shop of the Petitioner, namely, M/s. Rajendra Nath Das and Sons at Sahabharang-bazar and also at the residence of his brother Balai Charan Das at Bakshibazar, both in the town of Midnapore, and seized various gold ornaments. It was alleged that the Petitioner and his brother Balai Charan Das had violated the provisions of the Gold Control Order. The Petitioner was duly placed for trial along with his brother and the procedure followed in the trial was that of a warrant case instituted otherwise and on a Police report.
(3.) In support of the prosecution case thirteen witnesses were led and some of them were cross-examined on behalf of the defence an order dated April 27, 1968, charges were framed under the visions of the Defence of India Rules, and both the Petitioner and brother pleaded not guilty to the charges.;