9911796707
TMI Blog1990 (3) TMI 152X X X X Extracts X X X X X X X X Extracts X X X X ..... the interest of economic and financial interests of the community. Section 27 of the Act lays down that no person shall commence, or carry on, business as a dealer unless he holds a valid licence issued under the provisions of the Act and the said licence should be in the prescribed form. Section 27(7) (b) lays down that a licensed dealer shall not carry on the business as such dealer in any premises other than the premises specified in his licence. Section 4(h) defines 'dealer' as one who carries on the business of making, preparing, polishing, buying, selling, supplying, processing or converting gold, whether for cash or for deferred payment or for commission, remuneration or other consideration. 2. The appellant before us was one such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... carrying on the business of gold only in the ground floor and the items therein have been accounted for including the items that were found in the third floor. He also took the plea that he sold these items to a customer and separated them and kept them in the third floor for the purpose of delivering the same to the purchaser and that the third floor also formed part of the licensed premises. 4. The trial court on an appreciation of the evidence, acquitted the accused holding that the prosecution has failed to prove that the accused had unaccounted jewellery and that he was carrying on business in an unlicensed premises. An appeal against acquittal was filed in the High Court of Kerala and the learned Judge confirmed the finding of the tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n each storey there is only a small room and the entire building is bearing only one municipal number and that is the premises bearing that number which is mentioned in the licence. The question is whether the mere fact that the showroom is in the ground floor does necessarily lead to an inference that the gold ornaments which are accounted for cannot be stored in any other room in that building? Section 27 reads as under : "27(1) Save as otherwise provided in this Act, no person shall commence, or carry on, business as a dealer unless he holds a valid licence issued in this behalf by the Administrator. (2) A licence issued under this section - (a) shall be in such form as may be prescribed, (b) shall be valid for such period as may be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of innocence in favour of the accused is not weakened by his acquittal. The appellate Court therefore should be slow in disturbing the finding of fact of the trial Court, and if two views are reasonably possible of the evidence on the record, it is not expected to interfere simply because it feels that it would have taken a different views if the case had been tried by it." We are convinced that the view taken by the trial court is quite reasonable. Therefore, viewed from any angle, we are firmly of the view that there were no grounds for the High Court to interfere with the findings of the trial court acquitting the accused. 7. The counsel for the State, however, pointed out that the High Court has observed at one place in the judgment ..... X X X X Extracts X X X X X X X X Extracts X X X X
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