Malik Sharief-Ud-Din, J.

( 1 ) THE petitioners are aggrieved of a complaint case No. 619/1 filed against them by the Customs Authorities under sections 135 and 132 of the Customs Act in which they were charged under sec- tion 132 of the Customs Act. The allegation against the petitioners is that they had exported a consignment of precious stones which was grossly undervalued. This consignment of the precious stones was confiscated under sec 113 (d) and (i) of the Customs Act and a penalty of Rs. 50,000. 00 was imposed on the petitioners under section 114 of the Customs Act by the Collector of Customs. This was taken in appeal before the Central Board of Excise and Customs, New Delhi. The Central Board of Excise and Customs has set aside the order of the Collector after allowing the appeal. In effect, the Central Board of Excise and Customs came to the conclusion that the goods were not under-valued. In short, the Central Board of Excise and Customs did not believe in the allegation levelled against the petitioners in the adjudication proceedings. This finding was arrived at by the Central Board of Excise and Customs on 23rd of May 1980. The prosecution against the petitioners was a

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