ARVIND MOHAN SINHA Vs. AMULYA KUMAR BISWAS

JUDGEMENT

(1.) These appeals are brought by leave granted by the High Court of Calcutta under Article 134 (1) (c) of the Constitution.

(2.) On 29-5-1968 gold bars and sovereigns bearing foreign makings were seized from the respondents by customs officers, Calcutta. Respondents were charged under S.135, Customs Act, 1962 for being in possession of goods which they had reason to believe to be liable to confiscation under Section 111 of that Act. It was alleged that the goods were imported into India without the requisite permit and without payment of duty and were therefore liable to confiscation under Section 111 (d) of the Customs Act. The respondents were also charged under Rules 126-P (1) (i) and 126-P(2)(ii) of the Defence of India Rules, 1962, for failure to make a declaration in respect of the gold found in their possession.

(3.) The respondents pleaded guilty to the charges but cited facts in extenuation of the offences. The learned Presidency Magistrate, 8th Court, Calcutta, convicted them of the offences of which they were charged but he directed, on the faith of a report made by the Probation Officer, that they should be released under Section 4 (1) of the Probation of Offenders Act, 1958 on their executing a bond of Rs.1,000/- each with one surety in like amounts, undertaking to appear and receive the sentence whenever called upon and to keep peace and be of good behaviour for a period of two years. Respondents are young boys normally engaged in agriculture. To us they seem to be carriers who were carrying the gold for a small tip but the learned Magistrate belived their defence that they had purchased the gold for the marriage of the sister of one of them. The gold which was of the value of about Rupees 7,800/- was already confiscated in the proceedings under the Customs Act.