MODI, J.—This is an appeal by the State against a judgment and order of the first class Railway Magistrate, Jodhpur dated the 2nd January, 1960, acquitting the accused respondent Padmaram of an offence under Sec. 167(81) of the Sea Customs Act, 1878, (Act VIII of 1878) read with Sec. 23 of the Foreign Exchange Regulation Act, 1947 (Act VII of 1947).

2. The prosecution case was briefly this. It was alleged that on the 18th October, 1957. information having been received that smuggled gold was being carried by certain passengers, (whose names were not mentioned) travelling by the railway train bound from Barmer for Jodhpur, P. W. 5 Kuberdan, a Deputy Superintendent of Police who, was deputed on special duty at Jodhpur in connection with anti-smuggling operations and P. W. 2, S. S. Chawla, a Deputy Superintendent of Customs at Barmer who was also at Jodhpur on that date in the same connection reached the Jodhpur Railway station at about 6-30 A.M. which was the time when the said train was to arrive at Jodhpur. They were accompanied by P. W. 1 Mohan Singh, an Inspector of the Central Excise Department, and P.W. 3 Lal Singh a Sub-Inspector of Police who also formed part of the anti-smugg

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