HEMCHAND JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE appellant Hemchand Jain is Accused-1. He was tried along with Nanakchand Jain (accused-2), by the Chief Presidency Magistrate, Egmore, Madras, for having committed an offence under Section 135 (b) (ii) of the Customs Act and also for having contravened Rules 126h (2) (d) and 126-I (10) of the Defence of India (Gold Control) Rules, 1962. The appellant alone was convicted under charges 1 to 3 namely under Section 135 (b) (ii) of the Customs Act; Rule 126-H (2) (d) read with Rule 126-P (2) (iv); and Rule 126-I (10) read with Rule 126-P (2) (ii) of the Defence of India (Gold Control) Rules and sentenced to pay a fine of Rs. 2,000/- under charge No. 1. Under charges 2 and 3, he was further sentenced to undergo simple imprison-for six months and to pay a fine of Rupees 1,000/- under each charge, the substantive sentence of imprisonment to run concurrently.

(2.) THE prosecution case is this : P. W. 2 Kothandabalan, the Preventive Officer attached to Madras Customs House, while he was on duty at about 10 a. m. on 5-8-1967 on suspicion intercepted a car bearing No. MPG 8131 at the junction of N. S. C. Bose Road and Mint Street along with P. W. 1 Balasubramaniam who was also an officer attached to the Madras Customs House. The appellant and Accused-2 were travelling in the said car. The Appellant had a brief case (M. O. 1) with him. There was a hold-all in the luggage boot, which belonged to the Appellant.

(3.) WHEN the Appellant was questioned, he stated that he was coming from Bombay and that he alighted at Meenambakkam Air Port and when the was further questioned, he stated that his brief case (M. O. 1) contained silver bars. On a search of the brief case, they found 27 silver looking bars. Then the car was taken along with the appellant and the other accused to the shop of Ameenchand Nagindas. These bars were weighed and they were found to weigh 4415 grams As there was some slight difference in the colour of the bar, P. W. 2 asked the appellant about it and he stated that the bars contained Zavi silver. On suspicion that the bars might be gold bars, they took the bars to the refinery of Pandurao and Co. The appellant, in the meanwhile, sought the assistance of Advocate P. C. Kothari, and they all proceeded to the refinery. On refining the bars. 1,755. 800 grams of gold was obtained. The silver alone weighed 2,609. 00 grams.