ARTHUR ALEXANDER WATSON Vs. STATE

JUDGEMENT

(1.) The appellant has been convicted under section 23(1) of the Foreign Exchange Regulation Act (Act VII of 1947) for contravention of an order passed under section 8 of the Regulation, by sending through one Eickhoff, Second Engineer of the "Eastern Queen", a large quantity of gold to India without any permit and has been sentenced to rigorous imprisonment for one year and a fine of Rs. 50,000. It has been further directed that in default of payment of this fine, he would suffer rigorous imprisonment for six months.

(2.) The "Eastern Queen" sailed from Hongkong at 6-30 p.m. on the 29th, April, 1954. It reached Calcutta Port on the 11th May, 1954. Shortly after this, the Customs authorities seized 28 packets of gold, altogether weighing nearly 9000 tolas, valued at over Rs. 8,00,000 from within the cabin of the Second Engineer of the ship, one Eickhoff, who was tried later on a charge of having brought to Calcutta this gold in contravention of the provisions of the Foreign Exchange Regulation Act and he was convicted on his own plea of guilty and sentenced to a fine of Rs. 1000 and ordered to undergo imprisonment for three months in default. The present appellant was arrested at Dum Dum Airport on the 12th July, 1954. The case against him, as already indicated, is that he had sent the gold that was found, in Eickhoff's cabin on the 11th of May from Hongkong to India through Eickhoff. The accused pleaded not guilty and denied any connection with the sending of the gold.

(3.) Direct evidence that the gold was sent by this appellant is given by Eickhoff himself. His evidence is that Watson approached him with a proposal that he should carry some gold on Watson's behalf to Calcutta in the beginning of April last and in spite of his repeated refusal persisted in his request and that finally on the 28th of April, 1954, he telephoned Watson at about 2 P.M. just to inform him that his refusal stood, but thereafter he saw Watson again at 6 P.M. and ultimately agreed to carry some 500 tolas of gold. His further evidence is that at about 10 P.M. Watson accompanied by one Peter came to his cabin, carrying between them all the gold that was later seized from his cabin, on their persons under the shirts they were wearing and made the gold over to him and gave detailed instructions.