B. K. MEHTA, J.:- This is a petition under Articles 226 and 227 of the Constitution of India challenging the order of the Collector of Customs and Central Excise at Baroda, dated nil October, 1969 confiscating the Indian currency to the tune of Rs.51,000/- under Section 121 of the Customs Act, 1962. The said order came to be passed in the following circumstances:-

The petitioner is a businessman dealing in silver and gold articles at Bombay. He had gone to Daman on August 22, 1968 and carried with him a sum of Rs.51,000/- and odd in cash. It is said that he had gone to Daman for purposes of finding out a suitable premises and for purchasing certain utility articles said to be available in Daman against the bills. But as he could not find any suitable property, nor he could purchase any utility articles against the bills, he was returning from Daman on August 24, 1968 at about 10-30 P.M. in an hired private car bearing No.BMZ-4935 belonging to one Bhaskerrao Manchharam. There were two other persons travelling in the said car from Daman to Vapi. As the car approached Kunta cross-road, a Customs raiding party stopped the car as the raiding party found the movements of the car