GOPAL DASS LABHU RAM SAINI Vs. STATE

JUDGEMENT

(1.) THIS petition of revision has been presented on behalf of one Gopal Dass Halwai of Amritsar from his conviction under Section 167 (81) of the Sea Customs Act, 1878. The trial Court had also convicted him under Section 23 of the Foreign exchange Regulation Act, 1947. He was sentenced for each offence to 9 months' rigorous imprisonment and the. two sentences were ordered to run concurrently.

(2.) THE prosecution story is that on 18th of April, 1957, P. W. 5 B. K. Kalia, Customs inspector, received information at about 4. 30 P. M. that Gopal Dass, along with two accomplices, was proceeding to Delhi for the sale of smuggled gold. This information was conveyed by Shri Kalia to Shri H. B. Dass who organised a party which proceeded to the Railway Station, Amritsar. The members of the party learnt that the railway train had left a few minutes earlier. P. W 1 R. S. Bains, Inspector Customs P and I, Amritsar, who was one of the party, rushed towards Jullundur in a jeep car and managed to reach Beas Railway Station before the arrival of the railway train. Accused Gopal Dass, on search of the train, was spotted in a III class compartment, and on enquiry he told that he had no gold on him. On the search of his person two railway tickets for adults and a third railway ticket for child were taken possession of. On being asked as to where his companions were he denied that he had any companion with him. Search for the companions of Gopal Dass was made at kartarpur but was of no avail. At Jullundur Railway Station, on search being renewed, Gulzari Lal accused, aged 10 years, and another person, Juj Kumar, were found in a compartment and they had no ticket. Gulzari Lal told the officers that his ticket was with his uncle Gopal Dass who was sitting in another compartment. On a search of the person of Gulzari Lal eight pieces of foreign gold were found concealed in a piece of cloth tied round the boy's waist. Exhibit PA is memo of recovery. P. W. 2, Bindra Ban Dhawan, the Assistant Station Master at Jullundur city, attested the recovery memo. Both Gopal Dass and Gulzari Lal were then taken to the Customs House at Amritsar and next day the statements of the two accused were recorded by Shri Sachdeva, Deputy Superintendent of Customs. Exhibit PB is the statement of Gopal Dass (accused) and Exhibit PC is the statement of Gulzari Lal. The gold recovered from Gulzari Lal weighed 79 tolas 2 mashas and 7 1/2 rattis. The seven gold pieces bore the numerals '999' and the eighth piece bore the mark "n. M. Rothschild". Exhibit PD is the complaint signed by Mr. B. J. Suares, assistant Collector, Land Customs, Amritsar. Exhibits PE and PL are letters signed by the Collector of Central Excise and Land Customs, Delhi, authorising Shri B. J. Suares to prosecute Gulzari Lal and Gopal Dass respectively, under Section 167 (81) of the Sea Customs Act and under Section 19/23 A of the Foreign Exchange regulation Act, 1947. Show cause memos were issued to the two accused of which exhibit PG is a copy. Exhibit PH was a reply received from Gulzari Lal. The gold recovered has been confiscated by the Collector. Shri R. S. Bains (P. W. 1), Inspector Customs, is the principal prosecution witness who has deposed regarding the recovery of the tickets from Gopal Dass and of gold from Gulzari Lal and has given details as to how the accused were chased and searched and brought to Amritsar. P. W. 3 Prem sagar has merely stated that on 19th April, 1957, when he was present in the customs House the Statements (Exhibit PB) of Gopal Dass and Exhibit PC of Gulzari Lal were recorded. P. W. 5 Shri B. K. Kalia, Inspector Customs, Special Branch, Delhi, and P. W. 6 Shri y. R. Sachdeva, Deputy Superintendent Customs, Delhi, were members of the party who followed the train in jeep and they support the statement made by P. W. 1. Exhibit PB is the statement of Gopal Dass accused in the nature of a confession, and Exhibit PC is a similar statement of Gulzari Lal recorded by P. W. 6 Shri Y. R. Sachdeva, Deputy Superintendent Customs.

(3.) GOPAL Dass accused-petitioner denied his guilt and stated that he was forced to sign the statement (Exhibit PB) and recovery memo (Exhibit PA ). He denied that any railway tickets had been recovered from him. He also stated that his signatures on Exhibit PJ which purports to be a receipt for the railway tickets were obtained by force. He denied that he was travelling in the railway train and stated that the Customs Officer had taken him into custody from his jeep at Amritsar. Guizari Lal had also denied his guilt. The finding of the Magistrate was that Gopal Dass was the owner of the gold in question which he was carrying through his nephew Guizari Lal who was a minor aged 10 years and below 9 years on the day of the occurrence. He convicted both gopal Dass and Guizari Lal under Section 23 of the Foreign Exchange Regulation act and under Section 107 (81) of the Sea Customs Act. He ordered Guizari Lal minor to execute a bond of Rs. 1,000/-with one surety for keeping good conduct for two years and to appear and receive sentence when called upon during such period, and in the meantime to keep the peace and to be of good behaviour. Gopal Dass petitioner was sentenced to undergo 9 months' rigorous imprisonment for each offence; but the sentences were to run concurrently. On appeal preferred by Gopal Dass his conviction and sentence under Section 23 of the Foreign exchange Regulation Act were set aside but his conviction and sentence under section 167 (81) of the Sea Customs Act were maintained.