Judgement

BEG, J.:- The appellant before us by special leave to appeal was convicted under Section 135 (b) (ii) of the Customs Act. 1962 (hereinafter referred to as the Act ) and sentenced to six months rigorous imprisonment and a fine of Rs. 2.000/-, and, in default, to three month, further rigorous imprisonment. Goods in respect of which this offence was found to have been committed were also confiscated,

2. On 21-4-1967. Police Officers of the Anti-Corruption and Prohibition Bureau, Greater Bombay, acting on information received, had searched room No. 10 at 56. Sheriff Deoji Street, Bombay. This room was divided by partitions into three parts. In the central portion the police found the appellant and three other persons. This portion was again sub-divided with a locked connecting door fixed in the passage to the sub-divided part. This was opened by one of the two Godrej lock keys produced by the appellant from a side pocket of his trousers. Eleven wooden boxes covered with jute cloth and secured by iron strips were found there. On opening them, six of them were found to contain cigarette lighters of "Imco Trplex Junior" brand "Made in Austria". Each of the six boxes were tightly