M. HIDAYAlULLAH, C.J.

(1) IN this appeal by special leave against the judgment of the High court of Bombay, December 22/23, 1966, the appellant Ambalal Chimanlal Chokshi stands convicted under Rule 126-P(2)(11) of the Defence of India Rules and Section 135(ii), read with Section 135(b)ofthe Customs Act by the Additional Chief Presidency Magistrate, 8th court, Bombay and sentenced to nine months rigorous imprisonment and Rs. 2,000.00 fine for each offence. The sentences of imprisonment are to run concurrently. His convictions and sentences were confirmed by the High court) on appeal.

(2) CHOKSHI was residing in Neeta Building opposite Marine Lines Railway Station, Bombay in a flat on the second floor. On 5/04/1963, Rane(P.W. 1.) Deputy Superintendent of the Excise Department with other officers went to make a search of his flat. He was authorised by Wagh (P. W. 2) officer Incharge of the Excise Department, to make this search under the provisions of the Gold Control Order. When Rane reached the door of the flat he found that the Panchas, who were to have met him there at the appointed time (12-30 p. m.), had not arrived. The door of the flat opened and two persons by n