ABDUL AZIZ Vs. CENTRAL EXCISE DEPARTMENT

JUDGEMENT

(1.) THIS revision petition is by the accused whose appeal against his conviction under Rule 126-P (2) (II) read with Rule 126-I (10) of the Defence of India Rules for having been found in unauthorised possession of 100 Tolas of gold. contained in 10 biscuits of 10 Tolas each, has been dismissed by the Additional Sessions Judge, Khandwa.

(2.) THE petitioner, along with one Parshuram Sindhi, had travelled from Bombay by Punjab Mail on way back to Indore. As soon as they got down from the said train at Khandwa in order to take the train from there to Indore the Central Excise Authorities apprehended them and in course of search of their persons, 100 Tolas of primary gold of foreign make, in the shape of 10 biscuits weighing 10 Tolas each, was discovered found tied round the petitioner's waist. These facts are no longer in dispute.

(3.) HOWEVER, accordant to the petitioner, he was merely a carrier of the gold which had been acquired by his companion Parshuram at Bombay and tied to his waist for being taken to Indore for delivery to Sajandas who dealt in gold at Indore and that it was he who had sent Parshuram with the requisite amount of money to obtain the same at Bombay. The (petitioner asserted that he was sent by Sajandas, his employer-he was serving as driver to him-for purchasing motor car accessories and also to receive and carry back to Indore such other articles as may be entrusted to him by Parshuram at Bombay. He urged that he did not know what was being tied round his waist for carrying back to Indore. He thus claimed to be merely a carrier and hence committed no offence.