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TMI Blog2011 (4) TMI 328X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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 - 782 of 2003 - - - Dated:- 28-4-2011 - Harjit Singh Bed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oles of the feet. The gold which appeared to be a foreign origin was weighed and it was found to be 850 grams and valued at Rs. 2,78,730/-. As the accused was unable to produce any document to prove its legal import, it was seized under a panchnama on the 13th May, 1987 (Ex.P.W.2/A). 2. A complaint was subsequently filed against the accused in a Magistrate s Court and he was brought to trial for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r a Gazetted Officer as required by the aforesaid Section and that there was no evidence to show that the contraband allegedly seized from him was in fact gold or not, in the face of no evidence to that effect as the goldsmith who had examined the gold, had not been produced in evidence and no certificate had been taken from him and even his identity was unknown. The revision was accordingly allow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o indicate that the seized article was in fact gold. PW.2, the Custom Officer who had seized the gold, was unable to say as to whether the gold biscuits had been sent for testing or not, whereas PW.3 Sadhu Kusta Gawas who was working as a Custom Guard at the relevant time stated that a goldsmith had been brought to the Airport who had weighed the biscuits and given their value but admitted that he ..... X X X X Extracts X X X X X X X X Extracts X X X X
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