JUDGMENT

S. M. FAZAL ALI, J.:— This appeal by special leave is directed against the judgment of the High Court of Andhra Pradesh by which the convictions of the appellant under Section 85 (ii) of the Gold Control Act and under S.135 (b) (ii) of the Customs Act have been upheld and sentence imposed by the trial court has been enhanced on an application made by the State for enhancing the sentence. Mr. Chitale appearing for the appellant has submitted a short point which is that there is no legal evidence against the appellant to show that he was either in possession of the gold articles recovered from the compound of his house or he had any knowledge of the same. It is not disputed that the gold articles were recovered from a pit which was dug somewhere in the compound of the house of the appellant. It appears that the customs authority raided the house of the appellant on 6-2-69 at about 11 a.m. and after they discovered a site near the Boppas tree they started digging it and after digging the same, the gold articles mentioned above were found. A Majahr prepared at the spot shows that when the appellant was asked about these articles he clearly stated that he did not know about thi