Gopaldas Udhavdas Ahuja & Anr. vs The Union Of India & Ors.

Whether the seizure of gold by Gold Control authorities from Income Tax Department was illegal under Section 132(5) of the Income Tax Act, 1961, and whether the appellants were entitled to immunity under the Voluntary Disclosure Scheme --- Held No. Whether 'possession' under Sections 8(1), 71(1) and 85(1) of the Gold (Control) Act, 1968, requires conscious possession for confiscation and penalty --- Held No, as the Act imposes absolute liability. Whether acquittal in criminal proceedings under the Act binds adjudicating authorities in confiscation proceedings --- Held No, as adjudication and prosecution are independent proceedings.