TMI Blog2011 (1) TMI 308X X X X Extracts X X X X X X X X Extracts X X X X ..... epted that recovered articles were gold and that such statement of the petitioner was admissible in evidence - the burden of proving that they are not smuggled shall be; on the person from whose possession the goods were seized; if any person, other than the person from whose possession the goods were seized, claims to be the owner thereof, also on such other person; in any other case, on the pers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e person who was stated to be an expert was not proved to be an expert and thus the prosecution has not proved that what was recovered was actually the gold, therefore, conviction of the petitioner may be set aside. Learned courts below, however, found that before the custom authorities the petitioner had accepted that recovered articles were gold and that such statement of the petitioner was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction. Learned counsel for the petitioner has not been able to persuade me that the above findings are either patently perverse or even arguable arbitrariness. I find that the petitioner was released on bail vide order dated 05.05.2003, thus, he has now enjoyed almost 8 years of liberty. In the circumstances, the imprisonment of 3 years appears to be too harsh and the same is reduced to 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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