Right to return of seized books and jewellery enforced without compelled authentication of departmental copies, with costs awarded.

Books and jewellery retained by the Department for an extended period could not be withheld on a demand that the petitioner sign or authenticate the copied records. The Department, having itself prepared copies, was required to obtain authentication by lawful means and could not compel the petitioner to sign them. The Court declined to treat an earlier direction in another case as binding, but, in view of the undertaking already given, directed return of the books and jewellery within ten days. The separate claim for compensation was left open, and costs were awarded because the petitioner had repeatedly been driven to approach the Court.

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Issues: Whether the Revenue could compel the petitioner to sign or authenticate copies of the books before returning the books and jewellery, and whether the petitioner was entitled to return of the articles.

Analysis: The books had been retained for a considerable period without authority of law. The Department, having chosen to prepare copies, was required to secure authentication of those copies by lawful means; the petitioner could not be compelled to sign them. The earlier direction in another case was treated as non-precedential and the Court declined to issue a mandatory direction against the petitioner. In view of the undertaking already given, the Revenue was directed to return the books and jewellery within ten days. The separate claim for compensation was left open for pursuit elsewhere, but costs were awarded because the petitioner had been driven to approach the Court repeatedly.

Conclusion: The petitioner succeeded in obtaining a direction for return of the books and jewellery without being required to sign the copies, and was awarded costs.

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