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2017 (2) TMI 874 - PATNA HIGH COURTGold - seizure of gold by the Department in the year 1990 - in the meantime the proceedings took place, the petitioner and his associates were convicted and sentenced to three years rigorous imprisonment for having smuggled gold of foreign origin, gold was confiscated - By this writ petition, petitioner wants to know as to what happened to his gold. Held that: - The simple answer is that there is no gold left. The gold has vested in the Government which order has attained finality. On raising of objection by the petitioner that the gold was not of foreign origin, in my opinion, whether gold was of foreign marking or not, whether it was being legitimately brought in India or not, are all questions of facts which are sub-judice in Criminal Appeal as filed by the petitioner. It will be open to the petitioner to move the said criminal court for whatever relief he wants in respect thereof either to discredit or impeach the prosecution evidence. Petition dismissed - decided against petitioner.
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