JUDGMENT

SARKARIA, J.

( 1 ) THIS appeal by special leave preferred by the State of Maharashtra, is directed against a judgment, dated 1/11/1973, of the Bombay High Court.

( 2 ) MOHD. Yakub respondent 1, Shaikh Jamadar Mithubhai respondent 2, and Issak Hasanali Shaikh respondent 3, were tried in the court of the Judicial Magistrate First Class, Bassein, Bombay, in respect of three sets of offences punishable under Section 135 read with Section 135 (2) of the Customs Act, 1962. The first charge was the violation of sections 12 (1), 23 (1) and 23 (d) of the Foreign Exchange Regulation Act, 1947, the second was violation of Exports (Control) Order No. 1 of 1968 E. T. C. dated 8/03/1968; and the third was the contravention of the provisions of Sections 7, 8, 33 and 34 of the Customs Act, 1962. They were also charged for violation of the Exports (Control Order No. 1/68 E. T. C. dated 8/03/1968 issued under Sections 3 and 4 of the Imports and Exports (Control) Act, 1947 punishable under Section 5 of the said Act. The gist of the charges was that the respondents attempted to smuggle out of India 43 silver ingots, weighing 1312. 410 kgs. worth about Rs. 8 lakhs, in violation of the Foreign E