Judgment

HEGDE, J.: -The appellant and one R. B. Mathur were tried before the learned Special Judge for Greater Bombay under various charges including a charge of conspiracy. Mathur was acquitted and the appeal against his acquittal was unsuccessful The appellant was also acquitted of all charges excepting a charge under Section 5 (2) read with Section 5 (1) (d) of the Prevention of Corruption Act. For that offence he was sentenced to suffer rigorous imprisonment for two years and pay a fine of Rs 5,000/-, in default to suffer further rigorous imprisonment for four months. The substance of the charge under which he was convicted is that he by utilising his position as a Government servant sent various articles such as Radios, Transistors, Clothes, etc. from Goa to Bombay without paying customs duty. He was also held guilty of sending his personal articles in the vehicles engaged by the postal department withou1 paying any charge. The trial Court supported its conclusion on a further ground namely that the assets of the appellant were more than that he could have acquired by his known sources of income.

2. The charges framed against the appellant made no reference to the fact that his