Judgment

N.P. SINGH, J.- The appellant was convicted by the Magistrate for an offence under Section 135(l)(a) of the Customs Act (hereinafter referred to as the Act) and was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs 5000, in default of payment thereof, to undergo rigorous imprisonment for further period of six months. The appeal preferred on behalf of the appellant, before the Sessions Judge, was transferred to the High Court, to be heard along with the appeal filed on behalf of the State, against the order of acquittal, passed by the Magistrate against other co-accused persons. The High Court, by the impugned judgment, dismissed the appeal of the appellant.

2. It is the case of the prosecution that on January 30, 1969, the patrolling officials found a truck coming from the side of Moti Daman and proceeding towards Mohangam Railway Crossing, without the headlights being on in a suspicious manner. On inquiry, it was found that the said truck had unloaded some contraband articles at some Wadi. Police and the officials of the Customs Department, found out that goods had been unloaded at the Wadi of the appellant at Iklora. A search was carried out