1. This appeal is by the Assistant Collector of Customs, Preventive Department, Customs House, Cochin. He was the complainant in S.C.1641 of 1968 on the file of the Sub Magistrate's Court, Ernakulam. The complaint was filed by him, alleging that the accused Pratap Rao Sait of Broadway, Ernakulam, commi¬ted offences punishable under S.135 of the Customs Act (Central Act 52 of 1962). It was alleged that smuggled gold was secreted by the accused in his premises. Door No.XVI/644 and 645, Broadway, Ernakulam, and on getting that information, the Assistant Collector of Customs issued an authorisation to the Preventive Inspector, Customs Office, Cochin (Pw 4) to conduct search of the accused's premises. Accordingly, Pw 4 and party conducted a search, and recovered M.Os. I to III (M.O. I, a tin, No. II two gold bars, and No. III gold sovereigns 17 in number) from Door No, XVI/64- The gold bars and sovereigns were kept in a tin concealed in a hole inside the chimney which was plugged with a loose brick. Ext. P1, the search list was prepared, giving a copy of it to the accused. The accused's statement (Ext.P3) was also taken. After that the person of the accused was also searched