(1.) The appellant has been convicted under Section 167 (81) of the Sea Customs Act for having acquired possession 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 proof that what was in the possession of the appellant was real gold.
(3.) The prosecution case is that after the appellant was taken on suspicion that he was carrying on his person gold in violation of the laws against smuggling and nothing could be found on his person on search, his body was screened by the radiologist, and the radiologist found some foreign substance, and immediately thereafter a packet containing six gold bars passed out of the appeallant's body through the rectum. The accused denied that anything came out of his person and pleaded not guilty.