Absolute confiscation of gold vested title in the Government, limiting compensation to the seizure-date value.

Where gold was absolutely confiscated in adjudication, title vested in the Government, which could lawfully deal with the goods unless the confiscation was stayed. On that basis, and in the absence of any material showing departmental knowledge of a pending appeal, the petitioner could not claim the gold's market value as on the date of the Tribunal's order. The cited authority was distinguished because the confiscation there had itself been set aside and the timing of disposal to the Mint was unclear. The relevant compensation value was held to be the value on the date of seizure.

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Issues: Whether, after absolute confiscation of gold and payment of redemption fine, the petitioner was entitled to payment of the gold's market value as on the date of the Tribunal's order or only the value as on the date of seizure.

Analysis: Once the gold stood absolutely confiscated in adjudication, the property in the gold vested in the Government, which could lawfully deal with it. The petitioner had not obtained any stay of the confiscation order, and there was no material showing that the department knew of the pending appeal before the Tribunal. The authority relied upon by the petitioner was distinguished because, there, the confiscation itself had been set aside and there was also no evidence as to when the gold had been sent to the Mint.

Conclusion: The petitioner was not entitled to claim the market value of the gold on the date of the Tribunal's order; the department was directed to pay only the value of the gold on the date of seizure.

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