https://www.taxtmi.com/caselaws?id=74006 The Gold (Control) Act presumption for gold found in business premises applies only to the licensed dealer and not to the manager or other employees. Illegal possession under the Act requires proof of conscious possession or custody, and the prosecution failed to establish such control against either petitioner. The statutory presumption as to mental state was also rebutted by evidence showing lack of knowledge and unchallenged defence explanations about how the gold came to be in the shop. As the prosecution did not prove illegal possession beyond reasonable doubt, the conviction, sentence and forfeiture order could not be sustained. en-us Thu, 11 Aug 1988 00:00:00 +0530 Wed, 01 Feb 2012 17:27:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=74006 The Gold (Control) Act presumption for gold found in business premises applies only to the licensed dealer and not to the manager or other employees. Illegal possession under the Act requires proof of conscious possession or custody, and the prosecution failed to establish such control against either petitioner. The statutory presumption as to mental state was also rebutted by evidence showing lack of knowledge and unchallenged defence explanations about how the gold came to be in the shop. As the prosecution did not prove illegal possession beyond reasonable doubt, the conviction, sentence and forfeiture order could not be sustained. Case-Laws Central Excise Thu, 11 Aug 1988 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=74006