SADULLA MOHAMED DAMAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These revisions take exception to the conviction and sentence recorded against petitioners for the admitted commission of offences punishable under Sections 135(1)(i) of the Customs Act, 1962 and 85(ii), (iii) and (iv) of the Gold Control Act, 1968.

(2.) On 21-9-1969, police officers from Thane received information that truck bearing registration No. BMQ 6781 on the way to Bombay coming from Poona, was loaded with contraband. The police having fortified themselves with two panchas, posted themselves at the Thane Rest House on the Bombay-Poona Main Road. At 4.45 a.m. they noticed the truck and signalled it to stop. Instead of heeding the signal, the speed of the truck was increased indicating an attempt of escape. A chase was given and the truck grounded to a halt, near the Ashok Stambh at Thane. At the wheel was Ramchandra Narayan Virkud (accused No. 7). Ahmed Yusuf Adhikari (accused No. 8) was the cleaner of the truck. There were several others on the rear side and the truck was bulging with goods. The same was examined by officers of the Customs and Central Excise Department. A secret compartment was found below the driver's seat, and this on being opened, was found to contain 17 jackets, each containing 100 biscuits-like slabs of gold, each such slab weighing 100 biscuits-like slabs of gold, each such slab weighing 10 Tolas. The slabs bore foreign markings making it clear that the gold was of foreign origin and had been imported into India in contravention of the law. The same was attached. In due course the investigation began, and culminated in the lodging of a complaint against various persons. These latter, included accused Nos. 7, 8 and Sadulla Mohamed Damad (accused No. 2). The last-named person was alleged to be the owner or manager of the truck, the registered owner, being his wife.

(3.) The complaint against the petitioners and several others who included Customs Officers, was moved in the year 1972. Effective hearings, before the Magistrate, began in 1977 and lasted till 1980. For a year or so, proceedings before the Magistrate were stayed by this Court, at the instance of the main accused viz., accused No. 1. After the case was resumed, there was a further hearing and the Magistrate delivered judgment on 15-10-1981. Insofar as accused Nos. 2, 7 and 8 are concerned, they were sentenced to 3 years' R.I. and a total fine of Rs. 14,000/- each. Non-payment of fine was to entail additional imprisonment.