R R KABRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by the accused from the order passed by the Presidency Magistrate, Second Court, Mazgaon, Bombay, convicting the appellant of offences under S. 135(b) r.w.s. 135(ii) of the Customs Act, 1962 and also of offences under Rule 126H, Sub-rule (2)(d) r.w. Rule 126 P, sub-rule (2)(iv) and Rule 126 I, sub-rule (10), r.w. Rule 126 P, sub-rule (2)(ii) of the Defence of India Rules and sentencing him of suffer rigorous imprisonment for six months and to pay a fine of Rs. 1000, i.e. of payment of fine to suffer rigorous imprisonment for two months on each count.

(2.) The accused is a resident of Nanded in this State. Admittedly on 12-4-1966 he visited Bombay and was about to leave for Kurduwadi by Secunderabad Express, which leaves Victoria Terminus Railway Station at about 1.00 p.m. The prosecution case was that on that afternoon P.W. 1 Yeshwant Maruti Shirsat along with Head Constable attached to V.T. Police Station, who were on duty in plaint clothes at the V.T. Railway Station, noticed the accused hurriedly entering the platform and boarding the Secunderabad Express train. It was stated that the accused then wore a frightened look which aroused suspicions in the mind of the constable. They, therefore, interrogated and took him to the V.T. Police Station and produced him before Inspector Sawant. The Inspector collected panchas and in their present took a search of the person of the accused when it was found that the pocket of his under-wear contained three packets in which there were seven slabs of gold, each weighing 10 tolas, with making "Jonson Mathey, London". Indian currency of Rs. 1,340 was also found on him. The slabs as well as the currency were attached under a panchanama. On the following day the accused along with the property was produced by the police before the Superintendent Central Excise, Mr. R. S. Nayampalli. The Customs authorities took charge of the slabs believing that it was smuggled gold with foreign markings. A statement of the accused was also recorded by P.W. 3 Shri Tipnis the Inspector of Central Excise.

(3.) Ultimately the Assistant Superintendent of Customs filed a complaint against the accused on 13th March, 1967, alleging that the seven slabs were to gold of foreign origin, and that the accused was concerned in carrying and concealing them knowing or having reason to believe that they were liable to confiscation under Section 111(d) of the Customs Act, 1962, which is an offence punishable under Section 135(ii) thereof. It was further alleged that by acquiring these slabs of gold the accused had also contravened the provisions of Rule 126H, sub-rule (2)(d) of the Defence of India (Amendment) Rules, 1963, and had thereby committed an offence punishable under Rule 126P, Sub-rule (2)(iv) of the said Rules. It was also alleged that the accused had contravened the provisions of Rule 126(i), Sub-rule (10) of the said Defence of India Rules and had thereby committed an offence under Rule 126P, sub-rule (2)(ii) thereof.