( 1 ) THE above mentioned Revision Applications have been filed by the original accused Nos. 6 4 1 5 and 2 respectively against the order passed by the learned Additional Sessions Judge Junagadh in Criminal Appeals Nos. 70 73 83 and 78/82 filed by them against the order of conviction and sentence passed by the learned Chief Judicial Magistrate Junagadh in the Criminal Case No. 52 of 1981.

( 2 ) THE learned Chief Judicial Magistrate by his order dated 19/06/1982 in the aforesaid case had convicted the accused No. 1 2 4 5 and 6 for offence punishable under sec. 135 (1) (b) (i) of the Customs Act and passed the order of seven years R. I. and a fine of Rs. 1000. 00 and in default of the payment of fine to undergo further R. I. for one year against each of the accused. The learned Additional Sessions Judge after hearing the aforesaid appeals partly allowed the appeals confirming the order of conviction passed by the learned Chief Judicial Magistrate Junagadh against the aforesaid accused and modified the order of sentence as under:"for the reasons aforesaid each appellant/accused is sentenced to suffer R. I. for 42 months and to pay fine of Rs. 20 0 and in default of fine to undergo further R. I. for 20 months. The learned Additional Sessions Judge has directed the Chief Judicial Magistrate to proceed against the absconding accused Nos. 3 and 7 accordingly.

( 3 ) THE facts of the case in brief can be stated as follows:

( 4 ) THE present petitioners were the members of the crew of the Vessel named At-Barkati registered at Ajman U. A. E. 29381. The said vessel was travelling in the sea between Madhwad and Veraval heading towards Madhwad coast on 23-2-1981. The original complainant Shri S. C. Chhaya is the Assistant Collector of Customs at Porbandar. The Customs Officers frequently undertake the patrolling in the sea just to check and to detect smuggling offences and as much on the receipt of the Information the Porbandar Customs Division undertook patrolling in the sea between Madhwad and Veraval in the Departmental launch named as Al-Faruqui on 22-2-1981.

( 5 ) DURING the course of the sea patrolling at about 4. 00 p. m. on 23-2-1981 they noticed one big vessel heading towards the coast of Madhwad. On suspicion they directed the Departmental launch towards the above foreign vessel. The Customs Officers of Al-Faruqui gave signals to the abovementioned unknown vessel to stop but instead of honouring the signals and stopping the vessel it made an attempt to escape. Therefore the Customs Officers gave warning signal by resorting to fire in the air. Still however they did not stop the vessel. However firing was done on the abovementioned foreign vessel and by the about 5. 00 p. m. the Customs Officers reached alongside the abovenamed vessel and got it stopped. The said vessel was carried towards Veraval coast.

( 6 ) ON inquiry and search it was found that Mr. Shrikti Al-Barkati was the owner of the said foreign vessel as disclosed by the tindals and crew members of the said vessel. The petitioners and absconding accused were found to be the crew members of the said vessel. The accused No. 1. who is the petitioner in the Criminal Revision Application No. 254/83 was the tindal the leader of the team. The accused No. 2 Maksud who is a Pakistani citizen was the Engine driver and the accused No. 3 to 7 were the members of the crew.

( 7 ) THEREAFTER the regular search was made in the presence of the Panchas from 11. 00 p. m. on 23-2-1981 to 4. 00 p. m. on 25-2-1981 and during the search 121 packages containing wrist- watches synthetic fabrics radios and other goods as described in the panchnama dated 23-2-1981 to 25-2-1981 were found on the said vessel Al-Barkati. Some materials were also found from search of the persons of the petitioners. The goods which were thus detected were worth Rs. 53 22 358 The goods were of foreign origin The Customs Officers asked for the documents such as bills of goods document pertaining to custom