JUDGMENT - Chainani, C.J.

(1) These three appeals have been heard together as they raise common questions of law and fact. On 23rd July, 1964 the Assistant Enforcement Officer, enforcement Directorate, obtained a search warrant from the Chief Presidency Magistrate, Bombay under Section 19 of the Foreign Exchange Regulation Act authorising him to search shop No. 157 situated at Mumbadevi Road, Bombay and seize incriminating documents, foreign exchange, instruments, account books, correspondence and passport, if any for the purpose of the enquiry into offences under Sections 4,5 and 9 of the said Act. In pursuance of this warrant, the Assistant Enforcement Officer, respondent No. 3,. accompanied by some other officers of the Enforcement Branch, searched the said premises on the same day. No incriminating documents or other materials were found. One V. R. Patel, who is the appellant in appeal No. 2 of 1965, was then present in the shop. He was searched in the presence of panchas and four packets containing diamonds, believed to be foreign cut diamonds, were found on his person. They were, therefore, seized. There was a safe in the shop the key of which was with the proprietor, who was

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