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1973 (10) TMI 30 - SC - CustomsWhether the finding that the appellant was in possession of the gold bars with foreign markings recovered from his shop and of indigenous gold recovered from his residential premises cannot be sustained? Held that:- The shop from where the gold was got belongs to the accused's business and there is evidence for it. The bars themselves bear on their bosom evidence of smuggled source in the shape of foreign markings. The circumstances of the recovery not merely deepen the suspicion but clinch the conclusion. The guiltless pillows on which the appellant confidently sat, hid the offending gold and the pre knowing officers uncovered the contraband with a sure instinct and these facts over-power the case of licit possession feigned by the accused. The disingenuous explanation regarding the domestic discovery of gold also is hardly plausible. We affirm the findings of fact. There is no manner of doubt that the accused was in control of the indigenous gold recovered from his residence and there is no case that a declaration has been made regarding it. That at least this domestic gold was subject to the declaration of Rule 126P(2)(ii) can be spelt out without straining language. Its possession is clearly an offence, as held by the courts below. The provision is plain that an authorised Customs official is entitled to examine any person at any time, at any place, in the course of an enquiry. Whether the statement was extracted by threat of harm, hope of advantage or improper inducement does not concern us as no such case is made out. Ex. 9 has been found by the High Court to be free from taint. We are not disposed to differ. Appeal dismissed.
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