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 16th May, 1988. In order to appreciate the contentions urged before us, it is imperative to state a few facts.

2. M/s. Gems Impex Corporation, Bombay, petitioner No.3, herein, is a firm engaged in the business of diamonds and precious stones. Ramchand Udhavdas Bharvani, petitioner No.2 herein, is a partner in the said firm. Indru Ramchand Bharvani, petitioner No.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 the petitioner Nos. 1 and 2 in the said premises. After obtaining necessary search warrant the Customs Officers searched the business premises on 16th November, 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 Officer, Bombay, about a possible sea storm that night. The entire activities came to a halt and the pu