( 1 ) IT has been stated that on the 7th February, 1975 at about 2-15 P. M. a batch of Customs Officers searched the shop room of M/s. Thakorlal Hiralal and Co. at premises No. 9, B. B. D. Bag (East) Calcutta. Pursuant to that search some contraband primary gold and diamonds, for which proper account was not found to have maintained and whose possession could not be satisfactorily explained, were seized. The same were reasonably believed to be smuggled goods. The accused nos. 1 and 2 are the employees of the firm and the accused nos. 3 and 5 are its partners. On the footing of that complaint the petitioner was proceeded against under section 85 of the Gold Control Act and under section 135 of the Customs Act. Against the issue of process the present Rule was obtained by the petitioner, who is said to be one of the partners of that firm.

( 2 ) IT has been contended on behalf of the petitioner that in the petition of complaint no necessary averment has been made so as to attract the provisions of section 140 of the Customs Act and section 85 of the Gold Control Act. The partners have been sought to be vicariously liable. Simply because the firm is said to be in pos