SREENIVASAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS revision petition by the first accused in the case seeks to vary concurrent orders by two courts,whereby the petitioner and the third accused were found guilty and sentenced to 6 months under section 109,I.P.C .,read with sections 8(1)and 23(1)of the Foreign Exchange Regulation Act,1947.They were further found guilty and sentenced to 6 months under section 109 I.P.C .,read with section 167(81)of the Sea Customs Act,1878.Both the sentences were to run concurrently,and the two accused were also ordered under section 167(81)of the Sea Customs Act,to pay Rs.500 as fine,or,in default of payment,to undergo a further imprisonment for two months.

(2.) THE facts not disputed in this petition are that P.W.19,a Central Excise Officer,intercepted a car M.S.P.557,which belonged to the petitioner,at Vengalam Railway Level Crossing Gate near Elathur,on the night following January 14,1956,and called the revision petitioner,who was then inside,to open the dicky.The petitioner stated that he did not have the key,and the car was then taken on suspicion to the Customs House at Kozhikode by the concerned Officer,where on the peti­tioner 's opening the car dicky,7 bundles containing gold were discovered.The gold bore the mark '999 'in the middle,some bars bore the mark '10 'and weighed 17,336 odd tolas.In respect of this gold,the Collector of Central Excise,Madras,passed order on June 15,1956 whereby the gold was confiscated under sections 167(2)and(8)of the Sea Customs Act read with sections 8(1)and 23 -A of the Foreign Exchange Regulation.The car was also confiscated under section 167(8)read section 168 of the Sea Customs Act and also a penalty of Rs.1,000 was imposed on the petitioner.

(3.) THE complaint against four persons was then filed before the District Magistrate,Tellicherry,the petitioner being the first,his brother the second,his associate the third,and his father the fourth accused.Thereby the prosecution case,put forward is that: (1)The four accused and some others had en­tered into conspiracy to bring contraband gold into India from some foreign countries,at their instance some gold bars were brought to Cannanore on the night following January 13,1956,in two Arab vessels and landed at Payyambalam beach,the bars were transported to Jyothi Textiles,Cannanore,belonging to the petitioner and all the gold bars were then stored in an almyrah. (2)On January 14,1956,the petitioner and the 3rd accused removed 7 bundles of gold from the Jyothi fextiles and transported the same to Kozhikode in the petitioner 's car,M.S.P.557,at Vengalam Level Crossing Sate near Elathur,the car was stopped by the Central Excise Officers and the gold was later seized. (3)As soon as the news of the seizure reached the second accused,he removed from the Jyothi Textiles the remaining bars of gold to a house at Talap,Cannanore where he and his father were residing,and buried the gold in the compound,wherefrom,during the search on August 25,1956,the gold was recovered.