A. D. DESAI, J. B. MEHTA, J.

( 1 ) THE plaintiff Assistant Collector Customs Baroda and the State of Gujarat have filed this appeal against the acquittal of the original accused No. 1 for the offence under sec. 135 (b) (ii) of the Custom Act 1962 The case of the prosecution was that on September 28 1961 at about 3-15 A. M. accused No. 1 Mukbul Husain alighted at Baroda from the Janta Express train coming from Bombay. While he was passing through the third class passengers Exit gate police constable Navalsing stopped him at the gate as the accused was not able to give satisfactory answers when he was found carrying a hand-bag. The accused wa detained and the police constable Jivamiya was called. The hand-bag a the accused was searched and 50 bars of gold each weighing 10 Tolas worth about Rs. 70 0 were found from the accuseds (theli) bag inside the hand-bag. The gold bars are alleged to have foreign markings N. M Rothschild and Sons 10 Tolas 999 Panchanama Ex. 12 was mad of the seizure of the gold. The Police Station Officer Dayashanker arrested the accused under sec. 54 (4) Cr. P. Code Thereafter the Circle Police Inspector Rathod informed the Customs Authorities an handed over the

Click Here to Read the rest of this document