ORDER :- This is a revision petition against the judgment of the Sessions Judge in Criminal Appeal No. 133 of 1960, by which he dismissed the appeal filed by the petitioner herein and confirmed his conviction under section 5 of the Imports and Exports Control Act and the sentence of six months R. I. passed against him in Criminal Case No. 13 of 1958 by the Additional District Magistrate, Manipur.

2. The petitioner was travelling by bus on 11-3-1957 from Imphal to Dimapur. When the bus reached Mao on the way, P. W. 4 Shri P. Bhattacharjee, Sepoy of the Land Customs and P. W. 6 the Assistant Sub-Inspector of Police searched the luggage of the petitioner and P. W. 6 seized therefrom 96 gross lead pencils made in Japan and he prepared the seizure list Ext. A/10. The seizure was stated to be made under S. 96 (?) Cr. P. C. Ext. A/10 shows that the seizure was only of the pencils, but it now turns out that other items like bedding, trunk, blanket, wearing apparel etc. of the petitioner were also seized, for which no seizure list was prepared.

It appears that on that date, the Preventive Officer of Land Customs posted at Mao who had the power to seize the goods was out of Station and that P.

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