Judgment

SABYASACHI MUKHARJI, J.-This is an application under Article 136 of the Constitution for leave to appeal against the judgment and order of the Division Bench of the High Court of Delhi, dated May 16, 1988. In order to appreciate the contentions urged before us, it is imperative to state a few facts.

2. M/s Gems Impex Corpn., Bombay, petitioner 3 herein, is a firm engaged in the business of diamonds and precious stones. Ramchand Udhavdas Bharvani, petitioner 2 herein, is a partner in the said firm. Indru Ramchand Bharvani, petitioner 1 herein, is his son. It is stated that both the father and the son were managing the business of the firm. The Customs Officers received a secret information that smuggled diamonds have been kept by petitioners 1 and 2 in the said premises. After obtaining necessary search warrant the Customs Officers searched the business premises on November 16, 1979. It may be mentioned that the day was not very auspicious for the firm as well as for the people of Bombay. On that day a warning had been issued by the Weather Office, Bombay, about a possible sea storm that night. The entire activities came to a halt and the public had been advised to rush back