STATE OF MAHARASHTRA Vs. DRUPATI SAHIJISINGH BHAWNANI

JUDGEMENT

(1.) THIS is an application by the State for enhancement of sentence. Opponent Kumari Drupati Sahijising Bhawanani whose age, as stated by her counsel, is about 35 years was tried before the Chief Presidency Magistrate, Esplanade, Bombay, on two charges. The first charge was that on 8-6-1962 the accused knowingly and with intent to defraud the Government of duty amounting to Rs. 2,460/- payable on wrist watches, watch straps and rings and Rs. 2,241. 22 np. on other dutiable articles and/or with a view to evade prohibition and /or restriction for the time being in force by virtue of the Sea Customs Act on import thereof, acquired possession of the same and was concerned in carrying, keeping, removing, concealing and otherwise dealing with the same and thereby committed an offence under Section 167 (81) or the Sea Customs Act, 1878. The second charge was that on the same day she imported the said wrist watches, watch straps, rings and other dutiable articles in contravention of the Import Control Order, 1955, read with Section 3 (2) of the Imports and Exports (Control) Act, 1947 and thus committed on offence under Section 5 of the Imports and Exports (Control) Act 1947.

(2.) THE complaint filed before the learned Chief Presidency Magistrate by the Assistant Collector of Customs discloses that the accused arrived at Santa Cruz Air Port at Bombay on 8-6-1962 at 4 A. M. by the United Arab Airlines' flight from Hong Kong. Prior to her arrival by this flight two suit cases bearing the name of Bhawanani had arrived from Hong Kong by a British Overseas Airways corporation plane on 7-6-1962 at 8. 30 P. M. These suitcases had not been manifested and were found in excess of the passenger's accompanying baggage in that flight. The suit cases were detained pending arrival of the owner. When the accused arrived by the next flight on 8-6-1962, she appeared to be in hurry to leave the Air Port without examination of the baggage by the Customs authorities. She was therefore searched by a lady Customs Officer in the presence of two lady panchas. When questioned whether she had anything to declare, she replied in the negative. But when a search of here person was taken, it was found that she had one gold sheafther (Sic) set in her brassiers cleverly concealed under it. She had also worn a white cotton pad between her legs, and inside the said bad were found concealed 35 coloured watch straps. She also had a white cotton cloth belt tied round her waist, and inside the said bet were small compartments in which were found 55 wrist watches and 59 loose watch rings. These were taken charge of under a panchanama. The accused had also imported other dutiable articles in large quantities without any permit as per inventory attached. The accused was then arrested and produced before the Magistrate who released her on bail.

(3.) THE wrist watches, watch straps and rings were collectively valued at Rs. 2,450/- being its import value, but the market value of these articles was Rs. 7,380/- and the customs duty payable thereon was Rs. 2,241. 28 np. The other dutiable articles brought in advance in two bags were collectively valued at Rs. 2,772/- for import value and the market value thereof was Rs. 8,000/ -. The customs duty payable on these articles was Rs. 2,241. 22 np. The accused admitted that she was unable to produce any import licence as she had not obtained any. She had also made false declaration and concealed the goods with intent to defraud the Government of the duty payable thereon. The prosecution examined one Putli Mansukhani, who was a Customs Officer, and she had deposed to the search of the person of the accused and the find of 55 wrist watches and 59 loose watch rings and 35 changeable straps found round the waist band.