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january 1983

Supreme Court of India · 1983-01-12

ASSISTANT COLLECTOR OF CENTRAL EXCISE, CALICUT vs V.P. SAYED MOHAMMED

Citation / case number
SC 1976/60939
Court
Supreme Court of India
Petitioner
ASSISTANT COLLECTOR OF CENTRAL EXCISE, CALICUT
Respondent
V.P. SAYED MOHAMMED
Author
E.S. VENKATARAMIAH
Bench
E.S. VENKATARAMIAH

Judgment text excerpt

The Supreme Court held that under Section 135(b) of the Customs Act, 1962 and Section 85(ii) of the Gold (Control) Act, 1968, the prosecution must prove the charge beyond reasonable doubt. The Court found that the High Court erred in rejecting the evidence of the goldsmith and the respondent's admission, emphasizing that reasonable doubt must be real and substantial. The Court allowed the appeal against acquittal, reinstating the conviction of the respondent.

ASSISTANT COLLECTOR OF CENTRAL EXCISE, CALICUT vs V.P. SAYED MOHAMMED · Niyam