TMI Blog1979 (1) TMI 110X X X X Extracts X X X X X X X X Extracts X X X X ..... by special leave is directed against the judgment of the High Court of Andhra Pradesh by which the convictions of the appellant under Section 85(ii) of the Gold Control Act and under Section 135(b)(ii) of the Customs Act have been upheld and sentence imposed by the trial court has been enhanced on an application made by the State for enhancing the sentence. Mr. Chitale appearing for the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aled the gold. Thus at the very first instance, the appellant had denied either the possession or the knowledge that the aforesaid articles had been hidden in his compound. Later at about 3 p.m. Ganeshlal Sopaji who was interrogated at that time, admitted that he had come to the house of the appellant in the afternoon, dug the ground and had put the articles thereunder. This statement was made in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... concealing the gold in his house. Even so the appellant made it clear in the statement Ex. P-25 that Ganeshlal Sopaji entered the house and concealed the articles without his permission. In these circumstances, therefore, we are not in a position to agree with Mr. Rao that the conviction of the appellant can be founded on the basis of the statement Ex. P-25. Moreover, it appears that Ganeshlal S ..... X X X X Extracts X X X X X X X X Extracts X X X X
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