( 1 ) ON 22nd April 1971 Durgesh Desai Superintendent of Customs (Preventive) Bulsar received information that a vessel named Jai Sagar had left Dubai for the coast of India having been loaded with contraband goods and that the said vessel was likely to reach the coast of Ponsari near Bilimora creek. On receiving this information it is the case of the prosecution that a party of the customs officers went to the creek at about 9-30 p. m. on the very day. They saw the vessel approaching the coast. However on noticing movements of the people on the coast the crew on Board the vessel became suspicious and the vessel therefore receded into the sea and did not land at Ponsari. But ultimately it appears it anchored in the Mendhar creek which is at a distance of 3 to 4 miles from Bilimora. The customs officers returned as they had no vessel on hand which could go into the sea and apprehend Jai Sagar and it was therefore thought fit that the next day arrangement should be made to get a vessel to go in search of the receded vessel. On the next day i. e. on 23rd April 1971 in the meanwhile two of the members of the crew that is accused No. 2 Daji Charmar and accused No. 3 Motila