1. The appeal is filed by the accused in C. C. No. 404 of 1975 on the file of the Addl. Judicial I Class Magistrate, Ernakulam. He has been convicted under S.135(1)(b)(ii) of the Customs Act , 1962, and S.85(ii) and (ix) of the Gold Control Act , 1968 and sentenced to pay a fine of Rs. 500/- and in default to undergo simple imprisonment for three months under the former offence. No separate sentence was awarded for the latter offence. The revision is filed by the complainant, Assistant Collector of Central Excise, Ernakulam, challenging the sentence imposed under the Customs Act and the non imposition of the sentence under the Gold Control Act .

2. The prosecution case can be summarised as follows: On the night of 30-10-1968, PW 3, the Sub Inspector attached to the X-Branch Vigilance Section of Police got information that the appellant is engaged in the business of gold smuggling and is a black marketer and is secreting contraband gold etc. in his house. He gave a report Ext. P8 to PW 2, the Sub Inspector of Police, Narakal, who collected witnesses, prepared search memo Ext. P7 and sent it to court and proceeded to the house of the appellant and searched the house in the presence