2003 (12) TMI 435

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..... llant have been proceeded against, based on the seizure of gold bars from him which were made from the gold ornaments purchased from one Talab Sidik. The said Talab Sidik had allegedly told the appellant that gold ornaments were made in Dubai. It appears that the police had made initial seizure based on the information that the gold ornaments were smuggled into India. The appellant has been implic .....

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..... lant was indeed the gold that was made out of the ornaments which have been smuggled (stolen) from Dubai. No credible evidence exists to hold that the gold recovered from the appellant actually has been made from the smuggled gold ornaments. The imposition of penalty under Section 112 can be justified only if the person had contributed knowingly to the fact of abetting the smuggling. It has not be .....

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