JUDGMENT - Patel, J.

1. These three revision applications arise out of the complaints made by the Customs authorities against the respective accused regarding offences under the Customs Act, 1962, (hereinafter referred to as the Act of 1962). In Criminal Revision Application No. 368 of 1967, the offence is alleged to have taken place on March 1, 1966 on which date five hundred tolas of gold were seized from the accused Pukhraj Shah. Immediately after detention a summons was served upon him under S. 108 of the Act of 1962 and the statement of the petitioner was recorded by the Customs officer. Eventually, a complaint was filed on August 19, 1966, charging him with several offences. On March 13, 1967, the petitioner made an application to the learned Magistrate before whom the case was being heard contending that the statement recorded by the Customs officer under S. 108 of the Act of 1962 was not admissible in evidence as being hit by S. 25 of the Indian Evidence Act.

2. In Criminal Revision Application No. 447 of 1967 the offence is alleged to have occurred on December 26, 1964, when five hundred forty watches were seized from the petitioner, Dady Fatakia. In his case also he was ser

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