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KERALA HIGH COURT
Janaki Amma, J
Asst. Collector of Customs v. Mammu
| Table of Content |
|---|
| 1. conviction under customs and gold control acts for possession of unaccounted foreign gold. (Para 1 , 2) |
| 2. search legality based on police authority under customs act. (Para 3 , 4) |
| 3. prosecution's evidence supporting gold's contraband classification. (Para 5 , 6 , 7) |
| 4. expert evidence and standards for determining gold's nature. (Para 8 , 9) |
| 5. burden of proof shifts to defense regarding evidence of possession. (Para 10 , 11 , 12) |
| 6. criteria for upholding criminal liability under relevant statutes. (Para 14 , 16 , 18) |
| 7. court reaffirming sentence leniency despite procedural errors. (Para 21 , 22) |
1. The appeal is filed by the accused in C. C. No. 404 of 1975 on the file of the Addl. Judicial I Class Magistrate, Ernakulam. He has been convicted under S.135(1)(b)(ii) of the Customs Act , 1962, and S.85(ii) and (ix) of the Gold Control Act , 1968 and sentenced to pay a fine of Rs. 500/- and in default to undergo simple imprisonment for three months under the former offence. No separate sentence was awarded for the latter offence. The revision is filed by the complainant, Assistant Collector of Central Excise, Ernakulam, challenging the sentence imposed under the and
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