Judgment

BHAGWATI J.:- This appeal has been preferred by the appellant on a certificate of fitness granted by the High Court of Bombay under Article 134 (1) (c) of the Constitution. The facts giving rise to the appeal are few and may be briefly stated as follows :

2. On 4th October, 1968 at about 5 p. m. the appellant was found standing near the crossing of Yusuf Meherally Road and Abdul Rahman Street adjoining Crawford Market in Bombay. The movements of the appellant excited the suspicion of PSI Bhambre and Police Constable Vithal Bapu Kamble, who were passing along that way to make inquiries in connection with some other matter, and they accordingly accosted the appellant and asked him why he was standing there. The appellant replied that he was waiting for a friend. But that answer did not satisfy the police officers and suspecting that there was something fishy, they searched the appellant in the presence of panchas. In the course of the search two paper packets were found, one in each trouser pocket of the appellant and each packet contained ten brand new wrist-watches of Sandoz manufacture. These wrist-watches were quite expensive and their value came to over Rs. 2,000- The a