JUDGMENT

D.P. Mohapatra, J.-Leave granted.

2. Faced with dismissal of the revision application filed by him, challenging the judgment passed by the Appellate Court dismissing his appeal, the accused Gulam hussain Shaikh Chougule has filed this appeal by special leave asssailing the judgment of the Courts below convicting him of the offence under Section 135 of the Customs Act, 1962 (for short the Act ) arid sentencing him to undergo imprisonment for three years and to pay a fine of Rs.25,000/- in default to undergo six months simple imprisonment further.

3. The gist of the prosecution case is that 207 silver ingots weighing approximately 30 kgs valued at Rs.4,22,48,225/- were clandestinely brought into Goa in an Arab Dhow and the same were to be transported in the trawler Gramdev Navdurga (for short the trawler). When the said trawler was intercepted at Aguada Light House by the Officers of the Customs Department on 4th of October, 1988 the appellant was found to be present on the trawler. The investigation revealed that the trawler was stationed on the port for being used to carry and transport the contraband Sliver ingots.

4. The respondent who was a Customs Officer issued a noti