Judgment

JAGANMOHAN REDDY, J. :- This appeal is by certificate against the dismissal in limine of the writ petition filed by the appellant in the High Court of Punjab and Haryana. The appellant was convicted under S. 8 (2) read with Ss. 23-A and 23-B of the Foreign Exchange Regulation Act, 1947 (hereinafter called the Act ) on the allegation that the appellant and one Gopal Das of Delhi were attempting to smuggle Rupees 1,40,000 in currency notes in Rupees 100 denominations across the border. The appellant who is the owner of immoveable who is the owner of immovable and movable properties of substantial value was seen along with one Gopal Dass Carrying a tin box and approaching a customs-cum-police raiding party also termed as nakabandi party near the borders of Pakistan, a little distance away from the village Valtoha on the night of September 25, 1961 at about 9 p.m. When they reached the nakabandi point probably noticing the party in hiding they turned back and started running towards the house of the appellant and were chased by the nakabandi party.The appellant entered his house followed by the nakabandi party and was caught while in the act of concealing the tin box in a heap