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1983 (1) TMI 198 - SC - Companies LawWhether the prosecution had established that smuggled gold bars had been seized from the respondent on August 9, 1969, at the Trichur Railway Station under Ex. P-l? Held that:-Appeal allowed. In, the instant case, the respondent had not discharged the burden which lay on him. P.W.1 has stated that the said gold-bars had foreign markings on them and Ex. P-1, the mahazar, corroborated his statement. The respondent had no authorisation to keep the said gold with him. It is in evidence that the said gold bars were found packed in paper and kept in the inside folds of a blanket underneath some clothes in the trunk seized from the respondent. He had taken care to secrete them. He had brought them from Bombay which was a customs area. In the circumstances, his explanation that he had no knowledge that he was in possession of or carrying smuggled gold bars could not be believed, as rightly held by the learned sessions judge. The prosecution had clearly established the guilt of the respondent. The judgment of the High Court is, therefore, liable to be set aside and it is accordingly set aside. The conviction of the respondent and the sentence imposed on him by the learned District Magistrate which were affirmed on appeal by the learned sessions judge are restored.
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