1957 (8) TMI 1

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....session of six bars of gold of which duty had not been paid, of which importation was prohibited and being concerned in carrying, keeping or concealing gold within his person. 2. Several points, some of them interesting points of law, were raised in this appeal, but we think it unnecessary to deal with any of them except the point that the conviction cannot stand in as much as there is no legal....

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....ing to see that those responsible for the prosecution appear to have taken it for granted that they would be accepted as gold bars. Where what is prohibited in law is the importation or carrying or dealing in some other manner in respect of gold, it is essential that the prosecution should prove that the articles which the appellant has been proved to be dealing with, is, in fact, gold. The necess....

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....ng the articles that came out of the appellant's body, some witnesses have described them as six gold bars. P.W.7 has said that he received one sealed packet containing six gold bars and that he took the weight of the same. The Bullion Registrar has also referred to exhibit 1 as six gold bars and has said that the six bars did not bear any Government of India Mint Mark. None of them has made a def....