1995 (10) TMI 50

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....onstitution of India, the petitioner seeks direction from this Court comanding the Collector, Central Excise, to return seized gold weighing 1.311 Kg. and a sum of Rs. 10,000/- at the rate of 24 per cent per annum. In this petition the seizure of gold by the respondents was challenged on the ground that no fresh notice was given to the petitioner within 6 months from the date of order dated 27-3-1....

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....passed by the Additional Collector and remanded the case to the Collector, Central Excise, Allahabad, for adjudication on the ground that on the date when the Additional Collector passed the order he was not having the jurisdiction to pass such an order in view of the repeated instructions issued by the Central Govt. on 6-8-1984. After the remand order was passed and when the case was pending befo....

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....n without there being any direction for fresh adjudication, fresh notice is not necessary and the person concerned is not entitled to return of the seized gold. In the present case the order of the Collector (Appeals) is reproduced here-in-below :- "In the result, I set aside the impugned order and remand the case back with the directions that the case may be adjudicated by the Collector of Cen....