Judgement

CHANDRACHUD, J.:- These appeals are brought by leave granted by the High Court of Calcutta under Article 134 (1) (c) of the Constitution.

Cr. A. No. 114 of 1970:

2. On 29-5-1968 gold bars and sovereigns bearing foreign makings were seized from the respondents by customs officers, Calcutta. Respondents were charged under S.135, Customs Act, 1962 for being in possession of goods which they had reason to believe to be liable to confiscation under Section 111 of that Act. It was alleged that the goods were imported into India without the requisite permit and without payment of duty and were therefore liable to confiscation under Section 111 (d) of the Customs Act. The respondents were also charged under Rules 126-P (1) (i) and 126-P(2)(ii) of the Defence of India Rules, 1962, for failure to make a declaration in respect of the gold found in their possession.

3. The respondents pleaded guilty to the charges but cited facts in extenuation of the offences. The learned Presidency Magistrate, 8th Court, Calcutta, convicted them of the offences of which they were charged but he directed, on the faith of a report made by the Probation Officer, that they should be released under Section