( 1 ) THIS Rule was issued by my learned brother Niyogi, J. on November 5, 1962, upon an application for revision made in this Court on behalf of two accused persons V. K. Godhwani and Bahadur Singh who along with another person named Sankdhari have been complained against by Shri S. N. Banerjee, Assistant Collector of Customs and Superintendent, Preventive Service as having committed alleged offences under Section 167 (81) of the Sea Customs Act, 1878, and Section 5 of the Imports and Exports (Control) Act, 1947. Prosecution allegations are that on April 24, 1962, the said Sankdhari arrived at Dum Dum Air Port from Singapore on a return-journey air-ticket with baggages consisting of two handbags and two suit-cases and one camera. On opening two handbags and one suit-case, it was found that those contained a quantity of doubtful consumer goods including a particular type of cigarette cases, On examination of the leather suit-case, it was found to contain card-board boxes each containing 50 pieces of wrist watches and also a packet containing white stones which were subsequently found to be synthetic stones. Sankdhari is alleged to have made a statement that, by an