( 1 ) THIS Criminal Revision Application under section 397 of the Criminal Procedure Code, 1973 has been preferred by the petitioner above named, who was accused no. 3 before the learned Addl. Chief Metropolitan Magistrate at Ahmedabad in Criminal Case No. 332/98. The learned Magistrate found him guilty of offence punishable under Section 135 of the Customs Act, 1962, read with section 120-B of the Indian Penal Code and sentenced him to suffer R. I. for four years and to pay fine of Rs. 10,000/in default of payment of fine, he was required to further undergo S. I. for six months. Facts leading to this Revision may be briefly stated as follows: on 18. 1. 1998, an information was received by the officers of the Customs Department that contraband gold was to be imported in Indian Airlines Passenger Coach No. GJ-IX-9042 bringing the passengers of Flight No. IC 886 from Muscat to Ahmedabad. That the said prohibited gold was to be taken with the passengers concerned to the arrival gate. Therefore, the officers of the Customs Department kept vigilance over the passengers coming from that flight. Ultimately, on enquiry, it was found that a packet was noticed in the machine to