Judgement

WANCHOO, J.: This is an appeal on a certificate granted by the Mysore High Court. The appellant was prosecuted under S. 167 (81) of the Sea Customs Act (No. 8 of 1878), read with S. 9 of the Land Customs Act (No. XIX of 1924). The appellant lives in a village which is close to Goa. The incident out of which the present appeal has arisen took place on November 27, 1960 when Goa was not a part of India but was Portuguese territory. The Deputy Superintendent of Customs, Goa Frontier Division, Belgaum, received information that contraband goods would be found in the house of the appellant. Consequently he raided the house in the company of three panchas. The appellant was not present in the house when the raid took place, but his mother and sister-in-law were there. After necessary formalities the house was searched and a big steel trunk, cane-box and another steel trunk were taken down from the loft in the kitchen. On opening, a belt, with four pouches stitched to it, was found in the big steel trunk. Inside the pouches, four gold bars, with foreign marks and labels of Goa Customs authorities were found. Besides these, a large sum of money and three small cut pieces of gold w