JUDGMENT :

D.P. Mohapatra, J. - In this appeal u/s 378, Criminal Procedure Code, the Union of India represented by the Collector, Customs and Central Excise, Bhubaneswar, assails the judgment of the Additional Sessions Judge, Cuttack, in Criminal Appeal No. 131 of 1980 reversing the decision of the Chief Judicial Magistrate, Cuttack in 2(c) C. C. Case No. 18 of 1974 and acquitting the respondents. The respondents were charged u/s 86(1)(ii) of the Gold (Control) Act, 1968 (hereinafter referred to as "the Act"), for having been found to be in unlawful possession of quantities of primary gold in contravention of Section 8(1) of the Act on the night of April 15, 16, 1974, in the running Madras-Howrah Mail at Cuttack Railway Station. The detection was made when the Superintendent (Preventive), Central Excise, Cuttack (PW-1) and the Inspector of Central Excise, Cuttack (PW-2) along with other officials of the Department rummaged the Madras-Howrah Mail at Cuttack Railway Station on getting information that contraband gold was being carried by the accused persons. As a result of the search, 2,344 grams of primary gold in six lumps were seized from the possession of Lankapali Pravakar Rao, r