1. ON the 11th July, 1973 a search was conducted at the residence of Joy Krishna Saha and Charu Bala Saha who are related to each other as husband and wife. In course of the search 226 peices of gold sovereigns and a sum of Rs. 90,000/-were seized. Statements were also recorded from both the persons who are the petitioners/respondents in this appeal. The statements of both the persons were almost in identical terms. The gold sovereigns, according to them, were given to Charu Bala Saha by the father of her husband who died in the year 1956. They could not definitely say when the gift was made by the father of Joy Krishna Saha. Certain statements were also made with regard to the cash. In the petition under Article 226 of the Constitution it has been alleged by the petitioners/respondents as follows: "the ornaments belonging to your petitioner no. 2 were, however, not seized by the said Customs Officers and were left with your petitioner no. 2". This allegation, that certain ornaments belonging to the petitioner no. 2 were found in the course of the search but were not seized, had not been denied in the affidavit-in-opposition filed in answer to the Rule nisi issued by this C