N.V. Anjaria, J.

1. The present Revision Application is directed against order dated 20th July, 2005 passed by learned Sessions Judge, Valsad whereby the learned Judge dismissed application below Exhibit 15 filed by the applicant-accused. The application was under Section 391 of the Code of Criminal Procedure, 1973 whereby the applicant prayed for examine additional witnesses at the appellate stage.

2. Outlining the facts of the case, the applicant pleaded giving the background inter alia that on 25th December, 1990 an unknown vessel had landed on the shores of village Sorathwaad, Near Marol which carried silver slabs. The village people, it was stated, looted the said silver slabs. The Custom Officers, Valsad went there to carry out combing operations and to recover four slabs, for which nobody claimed ownership. The Customs Officers recovered silver and some cash amount. It was stated that on 30th December, 1990 the Customs Department got information that a vessel named "Chanchal Prasad" was anchored at the shores.

2.1 The case of the applicant was that on 26th December, 1990 he had seen the village people carrying away the silver slabs from the vessel that had landed and an