M.M.Punchhi, J.

1. At the instance of the complainant Devinder Singh, I.R.S., Assistant Collector, Customs and Central Excise, Patiala, Chunu Mal was convicted on a complaint under Section 135 (1) (b) (ii) of the Customs Act, 1962 and sentenced to rigorous imprisonment for a period of one year and ordered to pay a fine of Rs. 2,000, in default three months rigorous imprisonment. While pronouncing order of sentence, the learned trial Magistrate ordered the watches and straps recovered from the accused to be confiscated to the Punjab State. The Punjab State was not a party to the proceedings.

2. The complainant in the first instance filed a review petition before the trial Magistrate, but for obvious reasons, the same was dismissed as he could not review his order. Later he filed a revision petition against that order before the Additional Sessions Judge, Patiala but it was left uninterfered with on the same premises. Now through this petition under Section 482, Criminal Procedure Code, inherent powers have been invoked by the complainant praying that the order of the trial Magistrate dated 21-12-1979 be altered so as to bring it within the conformity of law.

3. It is true th