Fair adjudication requires production of material records; confiscation failed where a summoned register was withheld from the defence.

A confiscation and penalty order could not stand where a material statutory register in departmental custody was not produced despite being summoned, depriving the affected party of a fair chance to prove its defence. The G.S. 13 register was central to the appellant's explanation regarding the melted gold, and its non-production prejudiced adjudication. An additional adjournment and effective opportunity for both the appellant and the claimed owner were warranted before deciding confiscation. The impugned order was therefore set aside and the matter remitted for fresh adjudication after the register was made available and a proper hearing given.

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Issues: Whether the confiscation and penalty order could be sustained when a relevant statutory register relied upon by the appellant was not produced despite being summoned, and the parties were not given adequate opportunity to meet the defence based on that register.

Analysis: The appellant's defence depended on the G.S. 13 register of a certified goldsmith brother, which was said to contain the entry relating to the melted gold. The record showed that the adjudicating authority had specifically called for the register from the departmental office, yet it was not made available at the adjudication. In the circumstances, the document was a material piece of evidence and the failure to secure and consider it prejudiced the defence. The circumstances also justified granting one more adjournment and giving both the appellant and the claimed owner an effective opportunity to establish their version before deciding confiscation.

Conclusion: The impugned order was set aside and the matter was remitted for fresh adjudication after giving the appellant and the claimant a proper hearing and making the G.S. 13 register available.

Ratio Decidendi: A confiscation order cannot be sustained where a material document in departmental custody is withheld from adjudication and the affected party is thereby denied a fair opportunity to prove its defence.

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