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TMI Blog2010 (8) TMI 206X X X X Extracts X X X X X X X X Extracts X X X X ..... rfere with the conviction - Evidence establish possession of gold and without any valid - Revision fails and is dismissed - 581 of 2001 - - - Dated:- 2-8-2010 - M. Sasidharan Nambiar, J. REPRESENTED BY : Shri Sunny Varghese, for the Petitioner. Shri Rajeev V. Kurup, for the Respondent. [Order]. - Revision petitioner, the accused in C.C. 342/1994 on the file of Additional ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with his baggage for customs clearance. He was asked to give correct declaration of the contents of his baggage by the customs officials. Petitioner declared goods worth Rs. 1,200/- as contents of his baggage. Petitioner was specifically asked whether he has been in possession of any gold or gold ornaments. He answered in the negative. As the officials were not satisfied with his reply, baggage w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... session of any valid documents to prove valid import of the gold, he answered in the negative. Superintendent of customs seized the gold in the presence of the witnesses on the reasonable belief that they are smuggled to India in contravention of the provisions of Foreign Exchange Regulation Act, 1973 and Import and Export (Control) Act, 1947 and are thereby liable for confiscation. After the seiz ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re-appreciation of the evidence confirmed the conviction and sentence. 6. Learned counsel appearing for the petitioner only challenged the fine, as set off period allowed is in excess of the substantive sentence awarded. On going through the evidence I find no reason to interfere with the conviction. Evidence establish that petitioner had carried with him 1369 gms of gold having a purity ..... X X X X Extracts X X X X X X X X Extracts X X X X
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