Judgment - N.M. Miabhoy, JJ.

1. This is a reference made by the learned Sessions Judge, Gohilwad Division, requesting us to quash the order, dated 13-10-56, made by the learned judicial First Class Magistrate, Bhavnagar. The impugned order came to be made by the learned Magistrate in the following circumstances. Shri Butler, the Superintendent of Central Excise and Customs (Preventive Branch), Baroda, wrote a letter, dated 6-9-56, to the aforesaid Magistrate requesting for search warrants to be issued under Section 172, Sea Customs Act, 1878, as amended by Section 13 of the Sea Customs (Amendment) Act, 1955. The search warrants were intended to be directed against six shop premises belonging to the six opponents. The seventh warrant was intended for searching the Sate Deposit Vault, in the State Bank of Saurashtra, belonging to opponent No. 1. The learned Magistrate acted on the aforesaid letter and issued the warrants as prayed for. These warrants were executed on the same day, and, in the course of the searches, a large quantity of gold was seized by the persons, to whom the warrants were addressed. The account books of the opponents were also seized in the course of the execution

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