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(II) Soil Analysis (A) The soil along with gold metals seems to be bind together using some cement. The type of cement used is not very clear at present.
(B) The chemical analysis and X-ray diffraction do not show presence of sulphide or arsenic minerals or oxide of these elements as they are commonly associated with gold.
(C) Surprising the present soil sample show absence of any clay minerals less that A d-

spacing. The soil seemed to have been partially heated or baked. During the cross-examination of Shri George Mathew, certain facts emerged. Learned Counsel for the appellant particularly relied on the question Nos. - 5, 12, 21, 24, 29, 30, 33 and 34 of the cross-examination, as follows:-

"q.5. Are you doing research in regard to gold, or about other metals and minerals? Ans. I do research on minerals, but not on gold.
q.12. Did you conduct all required tests and analysis personally, or any other persons were also involved in this work?
Ans. The chemical analysis and X-ray diffraction is done by the technical superintendent. The interpretation is done by me.
q.21 In this para-1 on page 1, you have reported that native gold usually contains more than 90% Au. But in the book titled "The Chemistry of gold extraction" by John O. Marsden and C. lain House and also in a paper published by SGS Minerals, it is reported that Au in native gold is more than 75%. So, therefore, is it correct to state that native gold must contain more than 90% Au.

4. Soil Analysis Customs Appeal No. 10749 of 2017 Chemical analysis of the soil as shown in the above table indicates that the soil is dominantly quartz bearing. The colour of the soil is largely due to iron. The soil is a silty (0.05--0.002 mm) variety of equal grain, size and less clayey. Seem to have been derived due to weathering of old crystalline rocks in the areas of low rainfall. The soil along with gold metals seems to be bind together using some cement. The type of cement used is not very clear at present. The chemical analysis and X-ray diffraction do not show presence of sulphide or arsenic minerals or oxide of these elements as they are commonly associated with gold. Erosion of the gold source area usually brings these minerals and elements enriched in the soil too.

The powder X-ray diffraction indicates the soil contain kaolinite clay together with quartz and dolomite (MgCO3). Minor amount of hematite is also observed. Surprising the present soil sample show absence of any clay minerals less than 10 A d-spacing. The soil seemed to have been partially heated or baked, Based on above results and observation the sample given for analysis is not NATURALLY OCCURING. It contains man-made 18 carat GOLD NUGGETS mixed in red soil in the form of lumps.