( 1 ) THIS is an appeal from the judgment and order of Binayak Nath Banerjee, J. dismissing the appellant's petition under Article 226 of the Constitution and discharging the Rule against the Collector of Land Customs, Calcutta.

( 2 ) THE appellant is Kishanlal Agarwalla carrying on business under the name and style of "shree Katihar Jewellery" at Katihar in the district of Purnea. A servant and an employee of the appellant by the name of Dharam Chand Jain was going from Katihar to Calcutta. He was following a rather devious route, it being from Katihar by train to Raiganj, thereafter, by bus to Kaliaganj and then he Intended to proceed by bus to Balur-ghat from where he wanted to travel by air to Calcutta. This was the appellant's case. On the journey at Kaliaganj this Dharam Chand Jain was caught red-handed carrying 41 gold bars bearing No. 999. 10 and weighing 412 tolas 1 anna and 4 ratis, on the strength of an information, received by the Land Customs Authorities from a source. Dharam Chand Jain carried this large number of gold bars round his waist tied in dhoti. Four hundred and twelve tolas was a heavy weight. Apart from this large amount of gold and the large number of bar

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