Judgement

Bhagwati, J. - This appeal by special leave from a judgment and order of the High Court of Judicature at Bombay raises an important question as to the construction of Art 20 (2) of the Constitution .

2. The appellant a citizen of Bharat arrived at the Santa Cruz airport from Jeddah on 6-11-l949. On landing he did not declare not that he had brought in gold with him but on search it was found that he had brought 107.2 tolas of gold in contravention of the notification of the Government of India dated 25-8-1948. The Customs authorities thereupon took action under S.167 CL (8). Sea Customs Act 8 of 1878 and confiscated the gold by an order dated 19-12-1949. The owner of the gold was, however, given the option to pay in lieu of such confiscation a fine of Rs. 12,000 which option was to be exercised within four months of the date of the order. A copy of the order was sent on 30-1-1950 to the appellant. Nobody came forward to redeem the gold. On 22-3-1950 a complaint was filed in the Court of the Chief Presidency Magistrate, Bombay against the appellant charging him with having committed an offence under S.8 Foreign Exchange Regulation Act 7 of 1947 read with the notification dat