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march 1971

Supreme Court of India · 1971-03-30

BADRI PRASAD AND ORS. ETC. vs COLLECTOR OF CENTRAL EXCISE & ORS. ETC.

Citation / case number
SC 1970/60297
Court
Supreme Court of India
Petitioner
BADRI PRASAD AND ORS. ETC.
Respondent
COLLECTOR OF CENTRAL EXCISE & ORS. ETC.
Author
SIKRI, S.M. (),MITTER, G.K.,HEGDE, K.S.,GROVER, A.N.,REDDY, P. JAGANMOHAN
Bench
SIKRI, S.M. (CJ),MITTER, G.K.,HEGDE, K.S.,GROVER, A.N.,REDDY, P. JAGANMOHAN

Judgment text excerpt

The Supreme Court upheld the validity of various provisions of the Gold Control Act, 1969, specifically Sections 4, 6, 8(1), and 16, ruling that they do not impose unreasonable restrictions on the right to carry on business under Article 19(1)(f) and (g) of the Constitution. The Court found that the requirement for pawn brokers to furnish declarations to prevent smuggling of gold is reasonable and necessary for regulatory oversight. However, it declared Section 71 of the Act as ultra vires, stating that Sections 6 and 16(1) do not encroach upon the field covered by the Andhra Pradesh Pawn Brokers Act and Money Lenders Act.

BADRI PRASAD AND ORS. ETC. vs COLLECTOR OF CENTRAL EXCISE & ORS. ETC. · Niyam