1. This appeal by leave of this Court is directed against the order of acquittal passed by the learned Sessions Judge on 21st Nov., 1977 in Criminal Appeals Nos. 41 and 42, both of 1977.

2. Appellants herein have filed a criminal complaint against the respondents for offences punishable under Sec. 135(b) of the Customs Act and S.8(i), (ii), (iii) of the Gold Control Act, 1968 because according to the prosecution in pursuance of an information, a party of local police officers headed by a Dy. S.P. raided the residential premises of the respondents on 24-12-69 and on their entering the house, respondent Rohidas hastily removed a bundle of khaki cloth hanging on one of the walls and after sticking the same under his left armpit, began to wear a bush shirt. He was caught and then 27 gold bars with the following mark : "Johnson Matthey London - 9950 - 10 tolas" were found in the said bundle. Police seized under a panchanama the said gold bars with the reasonable belief that the same gold had been smuggled into India. Later on, the said gold bars were handed over to the Customs Officers under panchanama. The learned Chief Judicial Magistrate, who tried the case, convicted the thr