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2011 (4) TMI 328 - SUPREME COURTSearch and seizure - High Court, has, on a very clear assessment of the evidence, has come to the conclusion that there was no evidence to indicate that what had been seized from the accused was in fact gold and that the mere bald assertion of the prosecution that gold biscuits had been seized could not be accepted as adequate proof and it was therefore not possible to shift the burden of proof that the article smuggled was gold - High Court has accordingly opined that the onus to prove that the gold was not of foreign origin had not shifted to the accused - Appeal is dismissed
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