Judgement

KHANNA, J. :- This is an appeal by Harbansingh Sardar Lenasing and Wali Mohammad Noor Mohammad Makhnojia on certificate granted by the Bombay High Court against the judgment of that Court affirming on appeal the conviction of the appellants under Section 135 of the Customs Act, 1962 and Section 23 of the Foreign Exchange Regulation Act, 1947 and the sentence of rigorous imprisonment for a period of three years on the former count and one year on the latter count. The sentences on the two counts were ordered to run concurrently for each of the appellants. Wali Mohammad died during the pendency of this appeal, and the appeal in so far as it relates to him has consequently abated. We are now concerned with the appeal of Harbansingh alone, hereinafter referred to as the appellant.

2. The prosecution case was that on March 21, 1965 Anant Sadasiv Wagh (P. W. 1), who was in those days working as Deputy Superintendent, Central Excise and Customs, received telephonic intimation from his superior Officer Jokhi that contraband goods were likely to be imported near Bassein and that Wagh should get ready. A car was thereafter sent to the house of Wagh. Wagh accompanied by Jokhi, Inspect