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Appeal for enhancement of sentence under Section 377(2) of the Code of Criminal Procedure for an offence under Section 86(1)(ii) of the Gold (Control) Act, 1968. Analysis: The appellant filed an appeal seeking enhancement of the sentence imposed on the respondent for an offence under the Gold (Control) Act, 1968. The respondent was apprehended by the Central Excise Inspector for possessing two circular gold rods (KADAS) of significant weight and purity. The lower court convicted the respondent but only imposed a fine without any imprisonment. The appellant argued that a deterrent sentence was necessary due to the nature of the offence, citing a relevant legal precedent. On the other hand, the respondent's counsel contended that the evidence did not establish possession of primary gold, rather it was an ornament. The respondent claimed entitlement to acquittal or, alternatively, argued that the amended law and previous departmental action justified the sentence imposed by the trial court. The prosecution relied on the testimony of witnesses, including the Excise Inspector who seized the articles and an approved gold tester. The definition of "primary gold" and "ornament" under the Act was crucial in determining the nature of the seized items. The prosecution's argument that the seized bangles were primary gold was challenged by the defense, highlighting the lack of evidence to support this claim. The defense emphasized that the articles were commonly used ornaments and not primary gold, as testified by the expert witness. The prosecution's failure to establish the seized items as primary gold raised doubts about the conviction and the basis for the sentence imposed by the lower court. The court noted the lack of evidence supporting the prosecution's claim that the seized articles were primary gold. The Excise Inspector's misunderstanding of the law and the absence of conclusive evidence regarding the nature of the seized items undermined the conviction. Consequently, the court concluded that the conviction could not be sustained, leading to the setting aside of both the conviction and sentence against the respondent. As a result, the appeal for sentence enhancement was deemed unsubstantiated, and any fine paid by the respondent was directed to be refunded. In conclusion, the judgment focused on the interpretation of the Gold (Control) Act definitions to determine the nature of the seized items. The lack of conclusive evidence supporting the prosecution's claim of possession of primary gold led to the overturning of the conviction and sentence imposed on the respondent. The court's decision highlighted the importance of clear evidence and proper legal interpretation in criminal proceedings involving specialized offenses like those under the Gold (Control) Act.
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