JUDGMENT - (1) This is a petition under Article 226 of the Constitution challenging the validity of an order dated April 20th, 1959 whereunder the respondent No. 1 inter alia directed the petitioner No. 1 to pay penalty of Rs. 10.000/- and petitioner No. 2 to pay penalty of Rs. 1,000/- under the provisions of sub-section (8) of Section 167 of the Sea Customs Act.

(2) Though there are several allegations in the petition at the trial the petitioner has proceeded on the footing that he admits the correctness of findings as to facts as mentioned in the impugned decision. those facts are as follows:

(3) Prior to April 10, 1958 one Shankarlal was in possession of two slabs f gold which were smuggled into India. It was arranged on behalf of Shankarlal that these to slabs of gold wshould be melted at the shop of the 1st petitioner who carries on business of running a metal melting workshop near Mumbadevi Post Office at Bombay. It was arranged that the 1st petitioner should send his employee to take delivery of these two slabs of gold at the shop of Messrs. B. Mohanlal and Co. at Jambli Moholla. In accordance with the arrangement the 1st petitioner deputed the 2nd petitioner to receive these

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