Judgment

SHAH, J. : Being in possession of evidence that the petitioners and others were concerned in the commission of offences of conspiracy to smuggle gold from foreign countries into the part of Deogad in the District of Ratnagiri, contrary to the provisions of the Sea Customs Act and the Foreign Exchange Regulation Act, P. M. Kalyankar, Sub-Inspector of Customs and Central Excise arrested the petitioners and produced them before the Judicial Magistrate F Class, Deogad, on December 29,1961 the Government of Maharashtra promulgated a notification in exercise of the powers conferred by S. 14 of the Code of Criminal Procedure, 1898 (as amended by Bombay Act XXIII of 1951 in its application to the State of Maharashtra) appointing Mr. V. M. Gehani to be a Special Judicial Magistrate having jurisdiction over the area comprising Greater Bombay and Ratnagiri District, and conferred upon him all the powers of a Presidency Magistrate in respect of the trial in the case involving the seizure of approximately 49,990 tolas of foreign gold and known as the Deogad Gold Seizure Case.

2. on January 10, 1962 the Government of Maharashtra gave consent in writing as required by S. 196-A sub-s. (2) o