Judgement

BACHAWAT, J. - This is an appeal by certificate against an order of the Bombay High Court on Letters Patent appeal confirming an order of dismissal of a writ petition by which the appellant Tukaram G. Gaokar asked for a writ of prohibition restraining proceeding for imposition of a penalty on him for alleged complicity in the smuggling of gold in pursuance of a notice dated 16-11-1966 issued under S. 112 of the Sea Customs Act 1962. The appellants contention is that the threatened proceedings amount to contempt of the magistrate before whom his trial for offences in connection with the smuggling of gold is imminent and are in violation of the constitutional protection of Article 20 (3) of the Constitution. The High Court rejected these contentions.

2. The main facts may be stated briefly. On September 14 and 17 1966, the Customs officers raided a number of premises in the city of Bombay and seized 65,860 tolas of foreign gold and some gold bangles worth about Rs. 1,14.20,270. On September 14, 1966, the appellant was arrested on charges of complicity in the smuggling of gold and other articles. After several remands, he was released on bail. On October 6, 1966, the customs o