ABDUL REHMAN Vs. STATE

JUDGEMENT

(1.) Abdul Rehman, the petitioner, an Indian National contractor of Nainital, alighted from train at Railway Station, Amritsar, on 15th April, 1957. He had a passport for Pakistan with him. He proceeded to the office for the checking of passengers going to Pakistan at the Station and presented himself at the counter before Shri R.R. Lamba, Customs Inspector, Amritsar. The petitioner was asked to declare his luggage and fill in the Baggage Declaration Form. As the petitioner did not know the language in which the Form was printed, the same was filled in by Mr. Lamba at the petitioner's dictation. The petitioner signed the Form in English, after the contents thereof were read out and explained to him by the Inspector. The trunk brought by Lall Chand (P.W. 3), the porter engaged by the petitioner, and also his person were then searched. The trunk contained clothes and some other articles, with twelve Indian currency notes of the denomination of Rs. 100/- each concealed therein. Three of the currency notes were found concealed in the pad of coat (Exhibit P.2) and two others were sewen inside the lining of coat (Exhibit P.3). One of the notes was placed inside a fountain pen. The rest of them lay concealed in the binding of a religious book, in the trunk's lid or inside the lining of a felt-cap. The petitioner was asked to explain. He submitted the explanation (Exhibit P.C.) in his own hand-writing in Urdu stating that he was proceeding to Pakistan for which he had obtained a passport and that he had concealed the currency notes in the above manner in order to avoid theft. On a complaint lodged by the Assistant Collector, Customs, the petitioner was prosecuted under section 23 of Foreign Exchange Regulation Act, 1947 and under section 167(81) of the Sea Customs Act, 1878, and convicted and sentenced to rigorous imprisonment for one year and three months respectively. On appeal, his convictions were maintained but his sentence reduced to four months' rigorous imprisonment on the first and one month's rigorous imprisonment on the second count. This is a petition for revision preferred by the accused.

(2.) On behalf of the petitioner, in the first instance, it is urged that the prosecution failed to establish that the petitioner was going to Pakistan and taking the currency notes with him. Secondly, it is submitted that even if that be assumed, the petitioner did not commit either of the offences for which he has been convicted. It is pointed out that the border was yet 20 miles away from Amritsar and that he did not possess any ticket for any border station or the necessary visa. On the first point, which is purely one of fact, there is the unanimous decision of the Courts below and with that I do not see any valid reason to differ. The petitioner had come from Nainital to Amritsar and he had with him a valid and subsisting passport for Pakistan. It is a matter of common knowledge that most of people this side pass through Amritsar while going to Pakistan and there is a regular bus-service for the border from there. Before the Customs authorities, the petitioner never put forth the plea that he was not going to Pakistan but wanted to stay at Amritsar or to go to some other station. On the other hand, he himself approached the Checking Office and declared that he was going to Pakistan, for which he had the passport with him. He wanted his luggage to be checked and got the Baggage Declaration Form filled. No mention of the currency notes was made in this Form. On being asked to explain, the petitioner submitted his explanation in writing (Exhibit P. C.), wherein he unequivocally admitted that he was going to Pakistan and that he had come to Amritsar for that purpose. It has, therefore, been rightly held that the petitioner was going to Pakistan and taking the twelve one-hundred rupee currency notes with him.

(3.) The next question is whether the act amounted to an offence covered by section 23 of Foreign Exchange Regulation Act and section 167(81) of the Sea Customs Act. Section 23 of the Foreign Exchange Regulation Act lays down the penalty and procedure for offences falling under the Act and its sub-section (1) says that "whoever contravenes any of the provisions of this Act or of any rule, direction or order made thereunder shall be punishable with imprisonment for a term which may extend to two years or with fine or with both." Restrictions on import and export of certain currency and bullion are imposed by section 8 of this Act and its sub-section (2) reads-