T.K.Basu, J. - (1.) In this application the petitioners Sumanlal Parekh and Ram Chandra Varma challenge a notice dated 24th April 1971. The opening paragraph of the notice is in the following terms:-- "Whereas, on the evidence indicated in the enclosed Sheets, there is reason to believe that you have contravened the provisions of the Gold Control Act. 1968, inasmuch as you acquired and had in your possession, custody or control, primary gold in the form of 98 pieces of semi-finished churis weighing 2,000 grammes valued at Rs. 38,000 (approx) in violation of Section 8 (1) of the Gold (Control) Act, 1968."
(2.) It may be mentioned at this stage that out of 98 pieces of churis which are mentioned in the paragraph indicated above 50 pieces form the subject-matter of the present application and 48 pieces form the subject-matter of another application being matter No. 397 of 1971 (Pankaj Parekh and Ors. v. Collector of Central Excise and Customs, West Bengal and Ors.).
(3.) According to the petitioner No. 1 he carries on business under the name and style of Messrs. Jai Hind Jewellers at No. 143. Cotton Street. Calcutta, and has been holding a licence granted under Section 27 of the Gold Control Act. 1968 (hereinafter referred to as the Act) authorising it to carry on business as dealer in gold ornaments and the licence has been renewed from time to time. On or about the 13th July. 1970. one Himatmal Shah of Bombay sent a demand draft of Rs. 20,000 through the Dena Bank of Bombay to Messrs. Jai Hind Jewellers for the purpose of purchasing some gold ornaments through the petitioner No 1. Acknowledgment receipt of the said demand draft for the sum of Rs. 20,000 was duly received by the said Himatmal Shah. Thereafter on the 2nd August 1970. the petitioner No. 1 went to Bombay and gave delivery of 50 pieces of gold churis weighing 1 kg. along with Gold Control Vouchers and bills for the same.;