JUDGMENT

 The Superintendent of Customs, Valsad, Gujarat has directed this Criminal Appeal on being aggrieved by the judgment of the High Court rendered in Criminal Revision Application No. 400/79 allowing the revision and setting aside the judgment. of the first Appellate Court confirming the judgment of the High Court convicting the first respondent (who was arrayed as accused No. 6) before the trial Court.

2. The respondent No. 1 along with seven others. took the trial for the offence under S. 135(i)(b) of the Customs Act, 1962 on the following allegations:

On the intervening night of 24th and 25th August, 1971 the Customs Patrolling Party on a tip off intercepted a jeep bearing Registration No. GDB 267. But the driver of the jeep apprehending some trouble stopped the vehicle at a safe distance from the waiting Customs Patrolling Party and thereafter the driver and inmates of the jeep escaped under the cover of darkness. The Customs Patrolling Party searched the abandoned jeep and found nine packages of wrist watches of foreign marks. The contrabands were taken into custody. After investigation, a complaint was filed before the Judicial Magistrate, First Class in the year 1975 whic