LALCHAND PANNALAL KOTHARI AND Vs. DEPUTY COLLECTOR OF CUSTOMS PREV GOLD CONTROL

JUDGEMENT

(1.) THESE are two appeals preferred by the appellants Lalchand Pannalal Kothari andRameshkumar Pannalal Kothari against the common Order of Adjudication dated 3.7.1987 passed by the Deputy Collector of Customs (Prev.), Gold Control, Bombay. Since the facts and point of law involved arc common, I propose to dispose them off through a single order. The Advocate argued for both the cases together during personal hearing.

(2.) Both the appellants are certified goldsmiths holding valid Certificate as Goldsmiths for carrying on the business as a certified Goldsmith under Section 39 of the Gold Control Act.

(3.) THE appellants submitted that the Government of India, Ministry of Finance have laid down and issued instructions to the effect that the stock of gold/gold ornaments upto 500.00 gms. in the possession of the certified goldsmith should not be made the subject matter of seizure inspite of some irregularities. In this case the total stock of the gold/gold ornaments held by the two certified goldsmiths did not even exceed 50 gms. per goldsmith.