ASST COLLECTOR OF CUSTOMS Vs. THOMAS

JUDGEMENT

(1.) In C.C. No. 59 of 1985, three persons were prosecuted by the Assistant Collector of Customs, Cochin before the Additional Chief Judicial Magistrate (Economic Offences), Ernakulam for an offence punishable under S.13 of the Dangerous Drugs Act aa well as S.135(1) of the Customs Act for having contravened S.7 read with S.20 of the Dangerous Drugs Act. Accused 11and 2 were convicted and sentenced to suffer simple imprisonment for six months each. Third accused was acquitted Crl. A. no. 23 of 1986 was filed by the complainant against the acquittal of the third accused. Accused 1 and 2 filed appeals against their conviction and sentence before the Sessions Judge. Those appeals were recalled to this Court. They are Crl. A nos. 226 and 227 of 1986. All the three appeals were heard together.

(2.) First accused is a Dutch national having Netherland passport and residing at Cochin, Second accused is a person belonging to Tamil Nadu and he was residing along with the first accused as his employee. Third accused is the Manager of a licensed export agency authorised by the Reserve Bank of India. The prosecution case is that the three accused attempted to export 90 bundles of palmirah leaf basket containing 134.595 kgs. of Ganja concealed in them to Netherland. This was without the authority of a valid licence.

(3.) On 16-1-1985, the first accused sent the bundles to the third accused along with Ext. P24 letter through the second accused in a lorry. It was for the purpose of being exported to one Cocoa B. V. at Netherland. Ext.D1 is the contract between accused 1 and 3. It is dated 17-1-1985 and it shows that the third accused was acting only as the seller's agent. Third accused himself is only the Manager of the exporting agency. He was not present at the time when the goods were delivered by the second accused. The goods were received by PW.6 and kept locked in the godown till 8-2-1985, on which day the employees of the exporting agency produced them before PW.1 for customs clearance preliminary to export. Export from any port could be had only through exporting agents authorised by the Reserve Bank of India. Documentation for that purposes will have to be necessarily signed by the authorised exporting agents. These documents necessarily include declarations also. Exts P1 (c), P3, P4 and P5 are the papers and they were signed by the third accused as Manager of the exporting agency. The evidence of PWs.6 and 9 revealed the fact that the goods were kept locked in the godown and not opened by the exporting agency at any time. That evidence is not challenged by the prosecution.