On the basis of recovery of 30 gold ingots bearing foreign markings effected by the Central Excise and Customs Headquarters Staff, Preventive Branch, Bangalore on April 16, 1964 from the suit case which the respondent was alleged to be carrying on alighting from Guntakal Bangalore Train No. 85 at Yeshwanthpur Rail way Station without a permit granted by the Administrator as required by Rule 126 H(2) (d) (ii) of the Defence of India (Amendment) Rules, 1963 relating to gold control (hereinafter referred to as 'the D.I. Rules ') and without including the same in the prescribed declaration as required by sub rules (1) and (10) of Rule 126 I of the D.I. Rules, the respondent was proceeded against in the Court of the Magistrate, Ist Class, Bangalore under section 135(ii) of the and Rules 126 P(2) (ii) and 126 P(1) (i) of the D.I. Rules.