OBISPO REYES Vs. STATE

JUDGEMENT

(1.) Obispo Reyes, appellant in Criminal Appeal No. 55l of 1961 has been convicted under Section 23(1A) of the Foreign Exchange Regulation Act, 1947 and under Section 167(81) of the Sea Customs Act and sentenced to suffer rigorous imprisonment for two years under each charge, the sentence to run consecutively. Enrique Sanao, appellant in Criminal Appeal No. 558 of 1962 has been convicted on same two charges and sentenced to suffer 18 months rigorous imprisonment under each charge, the sentence to run consecutively. The prosecution case was as follows : -

(2.) The ship, M.V. Rutheverett, belonging to Everett Orient Line carrying goods between Japan and Far Eastern ports and India, arrived from Japan via Hong Kong, Bangkok, Singapore, Penang, Rangoon and Chittagong to Calcutta on 26th July 1960. 20 bars of gold were recovered from the person of a crew of the ship named Eddie Vestil on the 26th or 27th July 1960. Thereupon the Customs Department made a thorough search of the ship through its Rummaging Inspectors, the search continuing until nearly the end of September 1960. Altogether 2065 gold bars, most of them weighing 16 tolas each, were found concealed in various places in the ship, the total value of the gold bars being over Rs. 43,00,000/-. In the present case, we are concerned with 720 bars which were found on Search of the cabin of the Apprentice Engineer, Enrique Sanao, who is appellant in Criminal Appeal 558. 520 of these bars were found concealed in the chamber behind the ventilator or air blower on the top of the door of the cabin. On receiving certain information, P.W. 1, J.T. Cranenburgh, Preventive Officer of Calcutta Customs, searched the cabin in the presence of the Captain of the ship and took out the shutter of the ventilator with his screw driver; and inside the cavity of the air blower or ventilator a number of packets wrapped in brown paper were found containing the gold bars, and altogether 520 bars were found that day. On that day Enrique Sanao, the Apprentice Engineer, was found sitting on one of the two berths in that cabin. On receipt of further information, on 27th September 1960, the cabin was searched again and the light dome in the centre of the wooden ceiling was taken out. The light dome was found fixed in the false wooden ceiling, and above the wooden ceiling was found a steel ceiling, there being a gap of about one foot between the two ceilings, so that there was a small compartment between the false wooden ceiling and the true steel ceiling of the cabin. In that Compartment or cavity, 20 packets each containing 10 bars of gold and a metal tray were found. The present case relates to 520 found on 9th August 1960 and 200 bars found on 27th September, 1960, concealed in the cabin of appellant Enrique Sanao in the above manner. According to the prosecution case, the other appellant, Obispo Reyes who was the Second Engineer of the ship, had joint control over the gold bars and was interested in the same along with the Apprentice Engineer.

(3.) The accused both pleaded not guilty. The learned Presidency Magistrate rejected the defence case and found that the accused were guilty .