Judgment

BHAGWATI, J. :- These appeals by special leave are directed against a common judgment dated 27th August, 1973 passed by a single Judge of the High Court of Bombay in so far as it acquitted the first respondent in Criminal Appeal No. 146 of 1978, respondents Nos. 1 & 2 in Criminal Appeal 147 of 1974 and the first respondent in Criminal Appeal No. 418 of 1974 (hereinafter referred to as the accused) of the offence under Section 135 (1) (a) (ii) of the Customs Act, 1962. The entire controversy between the parties in these appeals turn on the true interpretations of Sec. 135 (1) (a) (ii) and it is therefore not necessary to set out the facts in detail, but in order to appreciate how the question arises for consideration we may briefly reproduce a few relevant facts.

2. On 9th June 1968 at about 2 p.m. Shri. Mugve, the Assistant Collector of Customs, who was then Principal . Appraiser in the Directorate -of Revenue Intelligence, Bombay, received information that a fishing vessel was going to load silver at Ghas Bunder after 9 p. m. on that day and it was going to take the silver to a spot near Khanderi island in order. to put it on an Arab Dhow for dispatching it to Dubai. On rec