Judgment

THAKKAR, J.:- Does the acquittal of an accused charged with having committed an offence punishable under Section 111 read with Section 135 of the Customs Act, 1969 (1962) create a legal bar to the said accused subsequently being prosecuted under Section 85 of the Gold (Control) Act, 1968. The High Court having answered this question (in the affirmative) against the prosecution and having directed the dropping of the subsequent proceedings on the premise that the acquittal in the former proceedings operated as a legal bar to the prosecution of the accused in the latter proceedings, the State has approached this Court by way of the present appeal.*

* By certificate under Article 134(1)(c) of the Constitution of India.

2. Respondents 1 to 3 came to be prosecuted as a result of a raid at their house in which primary gold valued at Rs. 84,770/-at the material time was found along with some other articles. They were prosecuted for an offence punishable under Section 111 read with Section 135 of the Customs Act, (1962). In that case present respondent No. 3 was convicted whereas present respondents Nos. 1 and 2 were acquitted. The same alleged offenders were later on sought to be pr