A M M SATHAKATHULLAH Vs. STATE

JUDGEMENT

(1.) THE second accused in C. C No. 5118 of 1962, on the file of the Chief Presidency Magistrate, Egmore, is the appellant. He was tried for an offence under Section 23 (1a) (a) of the Foreign Exchange Regulation Act, in that he was knowingly concerned in the importation of gold and wrist watches without a valid permit on 8. 8. 1961 at Madras. He was found guilty under Section 167 (81) of the Sea Customs Act and sentenced to six months-rigorous imprisonment and a fine of Rs. 250.

(2.) P. W. 1, the Preventive officer attached to the Customs Department, was on duty on 10. 8. 1961 on board S. S. Rajula. He noticed a cook on board the ship (who was tried as the first accused) moving in a suspicious manner. P. W. 1 questioned him. When he was searched, it was found that he had on his person four bars of gold. When the canteen was searched, a garlic bag containing 90 pieces of wrist watches was recovered.

(3.) P. W. 1, the Rummaging Inspector, questioned the first accused, and the first accused made a statement and undertook to point out the person to whom he had to deliver these items. The first accused, Selvaraj, took P. W. 2 to No. 26 Parianna Maistry St. , which was occupied by the present appellant. P. W. 2 searched the room at 7 p. m. on 10. 8. 1961. The appellant at that time tore a paper and threw it out of the window P. W. 2 collected it and pasted it. The pasted slip of paper is M. O. 4. The paper M. O. 4 was written by the appellant in his own hand. The appellant wrote a statement in his own hand, and that is Ex. P. 4, P. W. 3 was one of the persons present at the time of the search and he corroborated the testimony of P. W. 2.