Judgment

AYYANGAR, J. : The three appellants were convicted by the First Class Magistrate of Jullundur of an offence under S. 167 (81) of the Sea Customs Act for "having acquired possession of smuggled gold and for carrying, keeping and concealing the said gold with intent to defraud the Government knowing that the gold had been smuggled into India from a foreign country and that no duty had been paid thereon," and were sentenced to terms of imprisonment. Appeals were filed by the accused to the Sessions Judge, Jullundur but the convictions were upheld though the sentence was, reduced in the case of the third appellant. A revision petition preferred therefrom to the High Court of Punjab was dismissed and thereafter the appellants obtained leave from this Court under Art, 136 of the Constitution and flied the appeal which is now before us.

2. A few facts are necessary to be stated to appreciate the point raised for decision. The City Inspector of Police, Jullundur is stated to have received information that some smugglers were on the point of transporting gold from Amritsar into Jullundur and at about mid-night on July 16, 1958, further information that some of these had actually come