TMI Blog1987 (3) TMI 130X X X X Extracts X X X X X X X X Extracts X X X X ..... der of acquittal recorded by the Judicial Magistrate are set aside and the respondent is convicted for having committed offences punishable under Section 135 of the Customs Act, 1962 and under Section 85 of the Gold (Control) Act, 1968. He is sentenced to undergo rigorous imprisonment for a period of six months on each count. The sentences shall run concurrently. The seized gold bars shall stand confiscated to the Government. - 330 of 1978 - - - Dated:- 6-3-1987 - A.P. Sen and V. Balakrishna Eradi, JJ. [Order]. - After hearing learned Counsel for the parties, we are satisfied that the judgment of the Gujarat High Court dated February 25, 1977 upholding the order of acquittal passed by the Judicial Magistrate, First Class (Railway) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goldsmith, along with panchnama, Ex. P-28, regarding testing of gold and Ex. P-13, statement made by the respondent before the Customs Inspector. The question before the learned Magistrate as well as the High Court was whether the evidence was sufficient to justify the guilt of the accused for the commission of offences with which he was charged. The respondent denied the commission of the offences and pleaded inter alia that he was an innocent carrier alleging that the gold bars were entrusted to him by one Nathubhai at Baroda for being taken to Nadiad and was asked to keep them in the inner pockets of his jacket. He asserted that he was a person without employment and was paid Rs. 100/- for the work and had no knowledge as to the contents ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed that he did not know that he was carrying any contraband gold. Further, the failure of the prosecution to examine the Mint Master or to produce a certificate from him must lead to the inevitable consequence of the acquittal of the accused of the offence under Section 85 of the Gold (Control) Act. This does not mean that in a case like this the Customs authorities should rest themselves content by examining a goldsmith. The burden is on the prosecution to prove that the contraband is gold within the meaning of Section 2(j) of the Gold (Control) Act. There must therefore be positive evidence in the from of a certificate from the Mint Master that the contraband is gold of at least 9 carats purity. However, there does not seem to be any dis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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