- (1.) This application under Art.226 of the Constitution is directed against the issuance of a show cause notice, as also the order of confiscation and penalty by the adjudicating authority under S.78 of the Gold Control Act.
(2.) The facts relating to issuance of show cause notice reveal that in pursuance of a search and seizure effected at the petitioners' premises at South Bishnupur, Police Station Mandir Bazar, Dist. 24 Parganas on 2nd May, 1973, the Gold Control Authority seized gold and gold ornaments weighing 2687.00 grams valued at Rs. 50,000/- consisting of manufactured, prepared polished processed primary gold and gold ornaments and also certain number of plastic boxes bearing inscription Bashaspati Dokan and thereafter the names of the petitioners. Subsequently a show cause notice was issued on 8th October 1973 under Ss.8(1), 11(1)(a) and (b) and S.27(i) of the Gold Control Act 1968 requiring the writ petitioners to show cause as to why an order of confiscation under S.71 of the Act of 1961 as also penalty under S.74 should not be imposed on each of the petitioners. The show cause notice also detailed the basis of the notice being the allegation of charges as also the evidence as recorded.
(3.) On 29th October 1973, the petitioners by a letter required copies of detailed inventory list, copy of search warrant as also copy of any other document on which reliance was to be placed by the adjudicating authority. The petitioners also wanted to inspect the plastic boxes. The reply to the aforesaid letter is of some consequence, as the main plank of the petitioners' contention centered round the complaint of violation of the principles of natural justice and as such relevant extract of the same is set hereinbelow :- " .......................................................... True copies of the search authorisation and of your initial statement and of the statement of Shri Krishna Saran Bhattacharjee, your son dated 2-5-73 are enclosed herewith as requested for in your letter under reference. A copy of your son's statement dated 9-7-73 has already been taken by him under receipt on the same date. In this connection I may point out that the search authorisation was shown to you before and after the search in token of which you have put your signature on the said document. As regards furnishing of an inventory of the goods seized I am to inform you that a copy of the Panchanama containing the inventory of the goods was furnished to you on the very date of seizure. It is, however, open to you to apply to the adjudicating authority at the time of hearing of the case, for inspection of the seized gold. You may also inspect the plastic boxes at the time of personal hearing. As regards para 3(3) of your letter under reference you are requested to specifically state what other documents you require. Personal hearing will be granted to you by the Adjudicating Authority before decision of your case on receipt of your reply to the Show Cause Notice. ";