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2011 (1) TMI 308 - HC - CustomsSeizure - Smuggled goods - Conviction u/s 135 - transported eight gold pieces weighing 378 gms and the petitioner was sentenced to 3 years imprisonment alongwith fine of Rs. 5000 - Learned courts below, however, found that before the custom authorities the petitioner had accepted that recovered articles were gold and that such statement of the petitioner was admissible in evidence - the burden of proving that they are not smuggled shall be; on the person from whose possession the goods were seized; if any person, other than the person from whose possession the goods were seized, claims to be the owner thereof, also on such other person; in any other case, on the person, if any, who claims to be the owner of the goods so seized - the petitioner has not been able to discharge the onus that the articles recovered are not gold and is liable to conviction - the imprisonment of 3 years appears to be too harsh and the same is reduced to 2 years
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