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1987 (3) TMI 130 - SC - CustomsWhether the evidence was sufficient to justify the guilt of the accused for the commission of offences with which he was charged? Held that:- We fail to appreciate that the respondent at no time denied that the contraband in question was pure gold but only came forward with the peal that he had been entrusted with the gold bars by an unknown person called Nathubhai, who could not be traced, but of casual acquaintance for being carried, which story was totally unbelievable. Appeal succeeds and is allowed. The judgment and order of the High Court upholding the order of acquittal recorded by the Judicial Magistrate are set aside and the respondent is convicted for having committed offences punishable under Section 135 of the Customs Act, 1962 and under Section 85 of the Gold (Control) Act, 1968. He is sentenced to undergo rigorous imprisonment for a period of six months on each count. The sentences shall run concurrently. The seized gold bars shall stand confiscated to the Government.
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