2011 (4) TMI 328

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....th Bhatnagar and T. Mahipal, Advocates, for the Respondent. [Order]. -  This appeal by way of special leave arises out of the following facts : PW.2 - K.D. Sridaran, a Preventive Officer of the Customs Department was on duty at the Dabolim Airport, Goa on the 13th May, 1987 when the respondent accused arrived at the Airport by a domestic flight from Bombay. As the accused was moving ....

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....t, 1947 (as amended). 3. The Trial Court on a consideration of the evidence sentenced him to undergo imprisonment for three years and to pay a fine of Rs. 500/- and in default to undergo simple imprisonment for thirty days. An appeal filed by the accused was dismissed. A revision petition filed by the accused before the High Court of Bombay, (Goa Bench) was however allowed and the accused ....

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.... We have heard the learned counsel for the respondent as the appellant has remained unrepresented. 5. The 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 n....