SARJOO PROSAD, C.J. —This is an application under Art.226 of the Constitution.

2. The petitioner Gulab Rai Utu Mal is a Saraf of Jodhpur and carries on business of sale and purchase of bullion in the city. On 27th September, 1958, the police of Jodhpur headed by the Deputy Superintendent of Police, who is a respondent to the application, raided the petitioners shop situate in Sarafa Bazar. They seized three books of account of the petitioner being his Sahi Baki, Kachchi Rokar and Pakki Rokar. This search and recovery appears to have been made in connection with the Investigation of some complaint dated 26th September, 1958, purporting to refer to offences under various sections of the Indian Penal Code as also under sec. 167(81) of the Sea Customs Act (VIII of 1878) read with sec. 23 of the Foreign Exchange Act (VII of 1947). Nearly a month after the search, i.e., on 25th October, 1958, the said Deputy Superintendent of Police summoned the petitioner and asked him to produce four bill books of his shop. He was again summoned on 30th October, 1958, and asked to produce the Khata Bahi. It is alleged by the petitioner that even after the seizure of these hooks of account the police authorities did not make any final report against the petitioner as they should have done during all this period nor did they return his account books inspite of repeated demands; on the contrary they appear to have handed over the books of account to the Land Customs authorities. On 18th May, 1960, the petitioner received a letter from the Superintendent, Customs Division, Jodhpur, in which it was stated that the said Officer had scrutinised the petitioners records and since notices on certain persons from whom gold appears to have been purchased by the petitioner were not served, he was asked to furnish correct addresses of those persons. The petitioner challenges the above action of the authorities as being wholly without jurisdiction and unwarranted in law. He accordingly prays that a writ of mandamus or any appropriate direction may be issued to the respondents compelling them to return the books of account to the petitioner of which they arc in illegal possession and also preventing them from taking any action to force the petitioner to make certain disclosures as required by the Customs authorities.

3. An affidavit in reply has been filed on behalf of the Deputy Superintendent of Police, Jodhpur, as also on behalf of the Customs Officials. It is stated by the police authorities that on receipt of a report that a fairly large gang of smugglers were engaged in the offence of illegal smuggling of huge quantities of foreign gold and were also responsible for forging valuable securities, the Deputy Superintendent of Police obtained an order from the C;ty Magistrate, Jodhpur, on 26th September, 1958, for investigation in regard to offences under the Sea Customs Act, the Foreign Exchange Regulation Act as also under the various sections of the Indian Penal Code. During the investigation, the Investigating Officer felt that the Bahi and other books of account found in the shop of the petitioner were of great evidentiary value and if no immediate steps were taken to search the premises and recover the books, all that evidence would be lost. The petitioners shop was, therefore, searched and the Bahis taken possession of and after the search a copy of the search memo duly transmitted to the Magistrate on 1st October, 1958. It is further alleged that although no gold was recovered from the shop of the petitioner, the Bahis contained entries which led the authorities to believe that gold was received by the petitioner through clandestine sources. The

bill books and the Khata Bahi were, therefore, similarly seized. The stand taken by the police authorities is that there was a general conspiracy to smuggle gold into India in which a large number of persons were involved. It appears that the Bahi entries, according to them, had been fabricated in order to conceal

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