Judgement

G. N. RAY, J.:- This appeal is directed against judgment dated 16-1-1986 passed by the Bombay High Court in Criminal Writ Petn. No. 36 of 1986. The appellants were charged under Section 409, I.P.C. and Section 5 of the Prevention of Corruption Act for making false panchnama disclosing recovery of 90 gold biscuits on 21-9-1969 although according to prosecution case the appellants had recovered 99 gold biscuits. The appellants were tried in Special Case No. 8 of 1971 before the Special Judge for Greater Bombay. Two of the appellants were acquitted by the learned trial Judge and the remaining two appellants were acquitted on 6-12-1995 by the High Court inter alia on the finding that the prosecution had failed to prove misappropriation.

2. The appellants were also tried for offence under Section 120-B, I.P.C. and Sections 135 and 136 of the Customs Act - Section 85 of the Gold Control Act and Section 23(1A) of Foreign Exchange Regulation Act and Section 5 of Imports and Exports Control Act. The appellants filed an application before the learned Judicial Magistrate contending that on the self same facts they could not be tried for the second time in view of Section 403 of the Co