Judgment

MITTER, J.: This is an appeal by certificate granted by the High Court of Punjab arising out of a Petition filed in that court by the appellant for quashing the order of the Collector of Central Excise and Land Customs, Delhi made on September 9, 1959 by a writ of certiorari or other appropriate writ.

2. The facts are as follows. On July 24, 1958 the police of Bikaner arrested one Mohammed, son of Hayat at Surasar. One Ghulam Rasool alleged to be a Pakistani national was also arrested earlier in village Randhisar. The said two persons were arrested on the allegation that they had come from Pakistan and Mohammad had brought with him smuggled gold. Another person also named Mohammad, son of Gayi, was subsequently arrested in village Surasar on the ground that smuggled gold had been recovered at the instance of Mohammad s/o Hayat from a kund i. e. a small water reservoir belonging to Mohammad son of Gayi. The police claimed to have recovered 692 tolas of gold in 69 bars bearing foreign markings. A camel alleged to have been used by the two persons for their travel and transport of the gold was also taken possession of by the police. The camel and the gold were later on handed o