JUDGMENT - Vimadalal, J.

1. This is an appeal filed by two accused persons who have been convicted by the Additional Sessions Judge, Thana, of offences relating to the illegal importation and possession of 6920 Tolas of gold, under Section 135 of the Customs Act 1962 as well as under Section 23 of the Foreign Exchange Regulation Act, 1947. It may be mentioned that the accused were also charged under R. 126-P of the Defence of India (Amend- ment) Rules, 1963, but were acquitted of that offence.

2. The facts of the prosecution case are that one Jokhi who was, at the material time, an Assistant Collector of Customs, at Bombay, received some information on the night of 21st March 1965 that gold was going to be smuggled into India from a place near the bridge on the Bassein Vajreshwart Road, that he, therefore, contacted witness Wagh who was then working as Deputy Superintendent under him, and the said Jokhi, accompanied by Wagh and two inspectors named Jadhav and Surti and a constable of that department, left Vadala at about 10 p.m. and reached Bassein at about 1-30 a.m., that they stopped their car near railway crossing along the Bassein-Vajreshwari Road, and stopped facing Vaireshwari

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