MD. AKRAM AND ANR. Vs. THE STATE

JUDGEMENT

(1.) THE appellant Md. Akram, has been convicted by the Additional Deputy Commissioner, Shillong, under Section 5, Imports and Exports (Control) Act XVIII [18] of 1947 read with Section 511, Penal Code, and sentenced to rigorous imprisonment for 6 (six) months, and to pay a fine of Rs. 500, or in default, to undergo further rigorous imprisonment for 3 months The appellant A.E. Nagi has been convicted under the same section of the Imports and Exports (Control) Act, 1947 and Section 511, Penal Code, read with Section 114, Penal Code, and sentenced to undergo rigorous imprisonment for 3 months and to pay a fine of Rs. 500, or in default, to undergo further rigorous imprisonment for 8 months.

(2.) THE case for the prosecution was that on 30 -8 -49, at about 3 -30 P.M., the appellants who were going in a motor car No. B.G.Q. 215 (EX. XLI) were stopped at the Dawki Gate a Frontier Customs Post between India and Pakistan and their car searched. In the search, certain motor car parts were recovered from their possession. The car and the parts were seized, and on completion of the investigation, the appellants were sent up for trial.

(3.) THE word "offence" is defined in Section 40, Penal Code. It denotes a thing made punishable by the Penal Code and the word 'offence' mentioned in Sections 61, 65, 66, 67, 71, 109, 110, 112, 114, 115, 116, 117, 187, 194, 195, 308, 121, 213, 214, 221, 222, 223, 224, 225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445 denotes a thing punishable under the Penal Code or any special or local law. It is significant that Section 511, Penal Code, is omitted from Section 40, Penal Code. In other words, unless an attempt to commit an offence under a special or local law has been expressly made punishable under the special or local law it cannot be punished under the Penal Code. Mr. Barman while conceding that the learned Magistrate was in error is convicting the appellants for an attempt of an offence under Section 5 of Act XVIII [18] of 1947, contended that the learned Magistrate has interpreted the words "taking out of British India" as meaning 'in the process of taking out of British India,' for which view, be has rightly stated, there was no justification.