Judgment

SARKARIA, J.:- This appeal by special leave arises out of the following facts:

On receiving information that some packages containing smuggled goods had been left by a person in the premises of M/s. Shah Rupaji Rikhabdas at 98, Narayana Mudali Lane, Madras-1 and that these packages were about to be despatched to Bangalore for disposal, a posse of Preventive Officers of the Customs House went to the said shop on June 4, 1962. They found ten packages in that ship. Baboothmull of M/s. Shah Rupaji Rikhabdas was present there. The officers questioned Baboothmull about those packages. Baboothmull replied that he was not the owner of those packages and that somebody next to his shop had left them outside the premises and since that person had not returned for a considerable time, he got them removed into the shop. Baboothmull was unable to throw any light with regard to the owners or the contents of the packages.

2. After getting a consent latter from Baboothmull, the officers opened the packages which contained these articles of the total value of Rs.12,255/-

1. Parker Fountain Pens (19 made in Canada) 28 Doz. Rs. 3,360-00

2. Master hair clippers made in Germany 5 Doz. Rs. 600-00

3.