CI. 12-Offence not committed if ap- plication for permit to possess gold made within time.
The conviction for contravention of cl.12 of the Order is not maintainable inasmuch as so far as the petitioner was concerned he made the application for necessary permit within the time allowed by law and if the authority in disposing of the application take a long time (in this case 10 months) it cannot b said that the petitioner committed any illegality S.K. Golam Mowla Vs. Chief Secretary, Govt. of EP. (1963) 15 DLR 125.
-No offence for carrying gold weighing below 40 tolas. The East Pakistan (Gold Procurement and Distribution) Order, 1958 entitles a person to keep 40 tolas of gold and should anyone desire to possess gold over 40 tolas then he must obtain a permit from the Deputy Commissioner. Kanan Rani Paul Vs. State (1977) 29 DLR 26.
