LAKSHMIPAT CHORARIA Vs. STATE

JUDGEMENT

(1.) ALL the aforesaid appeals and revision applications could be disposed of together as they arise out of the same trial held by the Special Judicial Magistrate and Presidency Magistrate, II Court, Esplanade, Bombay. The first five appeals are by the accused -Laxmipat, accused. No. 1; Punamchand, accused No. 2; Balchand, accused No. 3; Kundanmal, accused No. 5; and Sanchitlal Daga, accused No. 6. The other appeal is by the State of Maharashtra against the order of the Special Magistrate acquitting the accused Hanmantlal Kothari, accused No. 8 at the trial. The revision application is by the State of Maharashtra, praying that the sentences passed against the aforesaid convicted accused be adequately enhanced.

(2.) THE aforesaid six accused were being prosecuted for an offence under Section 120 -B, Indian Penal Code, for being parties to a criminal conspiracy along with one Yau Monkchi Ethyl Wong and others, between February 1, 1959 and February 31, 1959, to acquire possession of and to be concerned in carrying, removing, harbouring, keeping, concealing and dealing with gold and precious and semi -precious stones chargeable with duty knowingly and with intent to defraud Government of duty payable thereon, and with intent to evade the prohibitory restriction for the time being in force with respect to gold and thereby having committed an offence punishable under Section 120 -B, Indian Penal Code, read with Section 167(81) of the Sea Customs Act, 1878, The accused were further charged on four specific counts for having committed an offence under Section 167(81) in pursuance of the aforesaid conspiracy. It is not necessary to refer to all the details. All the aforesaid appellants -accused are convicted under Section 120 -B, Indian Penal Code. Further, accused No. 1, Laxmipat, accused No. 2, Punamchand and accused No. 6, Sanchitlal Daga, are convicted under Section 167(81) on all the four counts, and accused No. 3, Balchand, has been convicted under Section 167(81) on three counts and accused No. 5 has been convicted under Section 167(57) on two counts. They have all been sentenced to various terms of imprisonment and also fine has been imposed on them.

(3.) YAU Monkchi resides in Hong Kong and is doing business at his office located at 910 Yu To Sang building, Queens Road, Hong Kong. Yau is referred to in the correspondence as Yau or Yasmin. He is a Chinese citizen.