Judgement

AYYANGAR, J.: This appeal comes before us by virtue of leave granted by this Court under Art. 136 (1) of the Constitution and is directed against the judgment and order of the Punjab High Court by which a Writ Petition filed before it by the appellants under Art. 226 of the Constitution was summarily dismissed.

2. The point raised for our consideration relates to the legality of an order of confiscation, by the Customs Authorities, of certain gold belonging to the appellants on the ground of its being smuggled. The appellants are the partners of a Joint Hindu Family firm carrying on business in Bombay in inter alia gold and jewellery. On September 14, 1954 the appellant-firm had despatched to the Bombay Bullion Refinery for the purpose of melting about 500 tolas of gold. Certain Customs Officers received information that some quantity of gold which was believed to be smuggled was being sent to the refinery for melting and in pursuance of this information they went to the refinery and found the gold bullion which is the subject of these proceedings placed in a crucible for the purpose of being melted. These officers ascertained from the Manager of the refinery that this gold