AMIR SULTAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) ACCUSED 1 to 5 in S. C. No. 67of 1955, on the file of the Additional Sessions judge, Timchirapalli, are the appellants herein. C. A. No. 466 of 1955 is by accused 3 to 5; C. A. No. 478 of 1955 is by accused 1; and C. A. No. 491 of 1955 is by accused 2. They were tried under five charges: the first was against all of them under Section 120-B, I. P. C. , for an offence of conspiracy in that they conspired together to fabricate import permits for denatured spirit, purporting to have been issued by the Assistant. Commissioner of Excise, Kottayam, and to transport them via. Tiruchirapalli to Travancore and Cochin State, the second was against the first accused for an offence under Section 467, I. P. C. , for having forged the permit Ex. P-10, purported to have been issued by the Assistant commissioner, Kottayam; the third was against the second accused under Section 471, read with Section 467, J. P. C. , for having used this Ex. P-10 as genuiiie knowing it to be forged; the fourth was also against the second accused under section 420,1. P. C,, for having in furtherance of the conspiracy, dishonestly induced the K. C. P. Ltd. , Vuyyuru, to deliver 1000 gallons of denatured, spirit by using forged permits; and the fifth was against accused 2 to 5 under Section 4 (l) (a) read with Section 7 (a) of the Madras Prohibition Act for having transported denatured spirit from Vuyyuru to Tiruchirapalli and thence to Tanjore without any valid permits. The learned trial Judge found accused 1 guilty on the second charge under Section 467, I. P. C. , and sentenced him to one year's Rule I. He found accused 2 to 5 guilty on the fifth charge under Section 4 (l) (a) read with 'section 7 (a) of the Madras Prohibition Act and sentenced them to Rule I, for one year.

(2.) THE accused were acquitted of other charges.

(3.) THE case for the prosecution is this: One Thillai Chidambaram, who is said to be absconding still, is said to have attempted to get from P. W. 2, the Assistant commissioner of Excise, Kottayam, permits for importing into Kottayam about 3000 gallons of denatured spirit from K. C. P. Ltd. , Vuyyuru, Krishna Dt. Two applications were filed by him before the Assistant Commissioner, but both of them were rejected as the quantity applied for was very large. Those applications were first filed on the 21st May 1953. On the 25th the said Thillai Chidambaram again went with two fresh applications, one for 1000 gallons and another for 2000 gallons. They are Ess: P-6 and P-7. On the application for 1000 gallons, viz. , Ex. P-6 the Assistant Commissioner ordered for I the issue of 250 gallons, and the other application. Ex. P-7 was still pending orders. A permit was, therefore, issued for 250 gallons to be imported from the K. C. P. Ltd. , Vuyyuru, and it was to be current for 30 days. The said Thillai chidambaram, not con tent with the 250 gallons for which he obtained the permit, is alleged to have entered into a conspiracy with the first accused and others to forge a permit for 1000 gallons and Ex. P-10, which is said to be such a permit, is said to have been forged by accused 1 at the instance of the said Thillai chidambaram. With this forged permit Thillai Chidambaram went to the Collector of Krishna and applied for another permit, which is necessary under the rules, so that he can transport from Krishna Dt. within which is the said K. C. P. Ltd. 1000 gallons of denatured spirit to Kottayam. The evidence of P. W. 54, who is a clerk in the district Magistrate's Office, Krishna, and who was in charge of the prohibition matters at that time, shows that EX. P-15 was the permit issued by the District magistrate for export of 1000 gallons of denatured spirit from K. C. P. Ltd. , vuyyuru, to Kottayam, via Madras. Under the conditions of the permit, 1000 gallons of denatured spirit can be transported from Vuyyuru both by rail and road. That Ex. P-15 is a genuine permit according to the rules in force at the time in the state of Madras and issued by the proper authority is not disputed. Under the cover of this permit, accused 2 to 5 were engaged in transporting these 1000 gallons. They went as far as Tiruchi, but instead of going direct to Kottayam, they are said to have turned to Tanjore. Accused 4 and 5 are said to be lorry brokers and accused 3 is a merchant keeping a hardware shop at Tiruchi and accused 2 is a servant under P. W. 16, who advanced monies for this business. At Pillayarpatti on the way, the barrels containing the denatured spirit are said to have been unloaded, as some of the barrels were leaking. It is there that the authorities seized the spirit. After subsequent investigation, charge-sheets were filed against, these five accused and Thillai Chidambaram. As the said Thillai chidambaram was absconding, the case against him was split up and the case against these appellants was tried by the Additional Sessions Judge of tiruchirapalli.