STATE OF MAHARASHTRA Vs. ABDUL KADIR ABDUL BHATKARA

JUDGEMENT

(1.) This is an application by the State for enhancement of sentence imposed by the Presidency Magistrate, 23rd Court, Bombay, for offences under section 5 read with section 3 of the Import & Exports (Control) Act, 1947, under section 135(ii) read with section 135(a) and section 135(ii) read with section 135(b) of the Customs Act, 1962. The learned Magistrate has awarded rigorous imprisonment for one day to accused No. 1 and a fine of Rs. 300/- in default, rigorous imprisonment for three months on each of the three courts and to each of accused Nos. 2 to 4 rigorous imprisonment for one day and a fine of Rs. 200/-, in default of payment of fine, rigorous imprisonment for 2 months on each of the three counts. The four accused, who are respondents in the revision, were prosecuted for the aforesaid offences on the following facts :

(2.) On receipt of prior information, Customs Officers, such as S.I. Lagali and S. 1. Gole, Anti-Corruption and Prohibition Intelligence Bureau, Bombay, set out on the sea in two police launches by name Yeshwanti and Kalika at about 8.30 p.m. on 19-12-1970, on petrol duty. When they were proceeding from Reti Bunder, they noticed by binoculars two sailing vessels proceeding in the direction of Kolsa Bunder from the side Dufferin ship. They immediately proceeded towards those vessels and intercepted them. It was found that the vessels were carrying packages containing foreign liquor. In one of the vessels, with which we are concerned in this case, the four respondents were present. Accused No. 1 was its Tindel while other three accused were said to be Khalasis.

(3.) On search of the vessel, it was found to contain 23 boxes of Johnnie Walker (red label) whisky, 23 similar boxes also containing foreign whiskey and 23 wooden boxes of Scotch Whiskey. The third vessel was also noticed and the same was also intercepted. It was found to contain foreign brand cigaretters. The contraband articles were seized under panchanama and sample of this liquor was taken and sent to the Chemical Analyser. The Chemical Analyser certified that it was foreign liquor. Custom people were then contacted and they took charge of the property and recorded the statements of these accused persons after duly serving them with summons under section 108 of the Customs Act and after duly obtaining sanction from the Assistant Collector, the present prosecution was launched against the accused before the learned Magistrate. Some evidence was recorded by the prosecution and in the strength of the evidence, the learned Magistrate having found that there was prima facie ground to from a charge, framed a charge against the accused for the aforesaid offence.