Judgment

DAS GUPTA, J.:

This appeal by special leave is against a conviction and sentence under S. 167(81) of the Sea Customs Act, 1878. The appellant was acquitted by the trial court, but on appeal by the State of Rajasthan, the Rajasthan High Court set aside the order of acquittal and convicted the appellant under S. 161(81) of the Sea Customs Act, and sentenced him to rigorous imprisonment for one year. We prosecution case was that on receipt of some information that gold smuggled from Pakistan was being carried, Lal Singh, Sub-Inspector of the Check-post of Barmer, followed the appellant into a railway train at Luni railway station, and in the running train between the station of Kerla and Pali, searched appellant s person and found that be was carrying 286 tolas of gold in a nouli under his trousers. In the reasonable belief that these were smuggled goods, Lal Singh seized the gold. The gold that was seized consisted of six blocks bearing marks "999". N. M. Rothschild and Sons, 22 bars bearing macks 999 , 3 small pieces of gold and one pair of murkies. Lal Singh seized the gold after preparing a seizure list in the presence of witnesses and later produced the appellant along wi