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2012 (9) TMI 113 - KARNATAKA HIGH COURTOrder of acquittal - offences punishable under Sections 135(1)(b)(i) of the Gold Control Act, 1968 - accused was carrying 50 gold pellets - accused had no permit or licence to carry the gold pellets – Held that:- Search and seizure was not conducted in accordance with Sections 100 to 105 of the Customs Act inasmuch as independent witnesses, who are also the inhabitants of the locality have not been examined - provisions of Section 212 of the Cr. P.C. which are applicable in respect of a proceeding conducted under the Cr. P.C. cannot be applied to the present - delay in obtaining the sanction order and there was also delay in filing the complaint and the said delays are not properly explained and even the mahazar witness to the sport mahazar and seizure mahazar were not examined before the court - accused is entitled to be acquitted of the offence with which he was charged
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