HARI CHAND Vs. STATE

JUDGEMENT

(1.) This order will dispose of Criminal Revision Nos. 382 to 393 of 1971, Cr. M.(M) 136 of 1972, Cr. Revisions 114 and 85 of 1972. Since common questions of law are involved in these revisions besides most of the facts being common, it would be appropriate to dispose them of by a single judgment.

(2.) Relevant facts necessary for disposal of the petitions are as under:-

(3.) The Delhi Customs in pursuance of an information on 18th October, 1964, searched premises No. D-115, Defence Colony, Delhi. At the time of search the accused Akhtar Ishtiaq, Mehboob Ali, Jasbir Singh, Kartar Singh and Mohd. Iqbal were found present in the said premises Kartar Singh accused, however, later on managed to escape. As a result of the search two cars bearing No. DLI 3325 and DLI 7670 and other incriminating documents were seized, from the said premises and from the persons of the accused. Akhtar Ishtiaq and Mehboob Ali who are Pak nationals had unauthorisedly entered into India from Pakistan in Amritsar District They disclosed that they had come to India to work with accused Mohd. Iqbal and were brought to Delhi by Kartar Singh. Jasbir Singh on enquiry disclosed that he at the instance of Harpal Singh and Mohd. lqbal was bringing smuggled gold from Amritsar to Delhi in car bearing No. 3325. Kartar Singh accused used to accompany him for the said purpose. Jasbir Singh and Kartar Singh accused were receiving smuggled gold from Waghoo and Shabuddin accused residents of Pakistan and were transporting the same from Amritsar to Delhi. Mohd. Iqbal a Pak national had come to India without travel documents at the instance of Qeemat Gul accused, a Pak national for the purpose of receiving smuggled gold sent by Qeemat Gul. On receiving the smuggled gold Mohd. Iqbal and/or accused Ishtiaq Ahmed alias Madan Lal delivered it to Harbans Lal, Kawal Krishan, Suraj Parkash, Murari Lal and Daya Shankar accused. Mohd. Iqbal had obtained an Indo-Pakistan passport from Delhi Administration in the name of Abdul Haq showing himself to be an Indian national and had been visiting Pakistan on the strength of the said passport.