( 1 ) THE appellants of the two appeals Sitaram Agarwalla and Wang Chih Kaw have been convicted under Section 167 (81) of the Sea Customs Act. Sitaram Agarwala has been sentenced to pay a fine of Rs. 2000/-, in default, to suffer rigorous imprisonment for six months, and Wang Chih Kaw has been sentenced to rigorous imprisonment for three months and to pay a fine of Rs. 1000/-, in default, to suffer rigorous imprisonment for three months more.

( 2 ) THE prosecution case was briefly as follows: On 25-8-58, P. W. I Ram Sevak Ojha, a con-stable attached to the Detecting Department, noticed Sitaram Agarwalla and one Bholanath Gupta at the crossing Hariram Goenka Street and Kalakar Street. In consequence of an information received the constable decided to follow them. Sitaram Agarwalla and Bholanath Gupta got into a bus of route No, 32 and the constable also boarded the same bus. Sitaram Agarwalla and Bholanath Gupta got down from the bus at the junction of B. K. Pal Avenue and J. M. Avenue and so did the constable. These men took their seat in a park known as Narendra Deb Square. The constable kept watch on them from a distance. After a while these men came out and stood