JUDGMENT

Pattanaik, J-Leave granted.

2. Both these appeals arise out of the same judgment of the Additional Chief Judicial Magistrate, Valsad dated 7th of May, 1982 in Criminal Case No. 60 of 1980 and therefore heard together and are being disposed of by this common judgment.

3. On the basis of a complaint filed by the customs authorities both these appellants stood charged of having committed the offences under Section 135(1)(a) of the Customs Act (hereinafter referred to as the Act ) on the allegation that on the date of occurrence they were found to be carrying silver without any transport voucher within the specified area which is duly notified under Section 11-K of the Act. The appellants denied their complicity and pleaded not guilty. The learned Additional Chief Judicial Magistrate convicted the appellants under Section 135 of the Act and sentenced them to undergo six months rigorous imprisonment and to pay a fine of Rs. 4,000/-, in default, to undergo further rigorous imprisonment of three months. Against the aforesaid conviction and sentence of the learned Additional Chief Judicial Magistrate the appellants preferred appeals to the court of Sessions and the State also prefer