BOOTH Vs. EMPEROR

JUDGEMENT

(1.) The appellant, C.H. Booth, was charged with the commission of an offence under Section 46 of the Bengal Excise Act, 1909, inasmuch as he had imported 491 ounces of cocaine without a license or pass. He was tried by the Second Presidency Magistrate of Calcutta, convicted and Sentenced to rigorous imprisonment for three months and payment of a fine of one thousand rupees.

(2.) The circumstances under which the appellant was convicted may be briefly stated in so far as they are disclosed by the evidence.

(3.) On the 23rd January, 1913, the Customs authorities discovered a large quantity of cocaine concealed in several bales of old clothes which had been exported from England by C. Porter & Co., by S.S. Borneo for delivery to the addressee, one Rasu Prasad The invoice and bill of lading for the consignment had been made over by one Kali Charan Mukherjee to Cox & Co., in order that the goods might be cleared and passed through the Custom House. Kali Charan Mukherjee called at the office of Cox & Co., on the 23rd January, to take delivery, and was taken to the Customs authorities who had already discovered the cocaine secreted in the bales of clothes. What information enabled the Customs authorities to make the discovery has not been disclosed in the evidence and is not material for the purposes of the present case. It is sufficient to state that Kali Charan. Mukherjee was, prosecuted before the Chief Presidency Magistrate and was convicted; he moved this Court and obtained a rule. The rule has been discharged and the sentence affirmed, though the conviction has been altered to one under Section 61 of the Bengal Excise Act, namely, the offence of attempting to import cocaine in Contravention of the law Seo ante pp. 537, 544. As already stated, the bill of lading showed that the goods were consigned by Porter and Co., to Rasu Prasad, and bore the endorsements of both Porter and Co., and Rasu Prasad. The present appellant had ostensibly no connection with the incident, and we have not been told what circumstances led the investigating officers to suspect that the accused was in any way connected with the matter We know this much only that, on the 30th January 1913, an order was obtained from the Chief Presidency Magistrate to intercept all letters posted at Calcutta, to the address of Porter and Co., of London, and on the 3rd of February a similar order was obtained for the interception of all letters addressed to the appellant. The result was that the investigating authorities intercepted a letter, dated the 28th January, which was addressed to Porter and Co., and had been posted on the 29th January. This letter does not bear the signature of the writer, but evidence has been given to prove that it is in the handwriting of the accused. The letter has rightly been described by the Magistrate as a remarkable document and was in these terms: 28th January 1913. Dear A, There is no news to send. There was nothing from you this mail, and I only hope you did not send any more goods after the Borneo, but fear this would be too good. From very patient enquiries from the highest sources, I find these people wore given away by people they had quarrelled with, and so far as our were was concerned, there is no fault to find. The goods were passed by the appraisers and only examined in Messrs. Cox s godown on receipt of information. So you see, had you only remained out here, as I arranged, we might still be carrying on a good business, besides having already done 40 per cent, better. 1 find, when my plans are not carried out, disaster follows, but it is idle to go over this ground again As old clothes are finished with, the question now is, what new to try I suggest remnants of cloth and also alpacca. C. in paper packets can be put in these rolls after a time. But I rely chiefly on quinine, do to Messrs. Domeier and Co., 8, Harp Lane, London, B.C., and ask them cost price for 1 lb., tins for export. Don t say, for India, because they have an agent here, or if you do, say for Karachi, Pack about 40 in a case, and let me have one case to commence with, addressed to Messrs, Smith & Co., Chemists, Jubbulpur. Of course you must get another room somewhere and call yourself something new--how would Allen & Co., Shippers and Agents, do? You should have new stationery printed, I shall clear this myself, and, in future, all goods and store myself as well, and all will be well. About the third lot of quinine should be loaded. Unfortunately, quinine is very dear now, but we cannot help that. Some day we may make a profit on the quinine also; all you have to (do is?) to get some C. packed in a soldered tin, well papered inside; having slipped the quinine out of the outer paper, slip in the other tin and replace labels. A piece of clean wet blotting paper will remove all labels and enable you to do this quite easily. Better sell the press. Get the quinine packed in exactly similar boxes each time, nicely lined with paper, and don t fasten the top too tightly, but make all other sides very secure (with screws); this will cause examiners to open top lid only and the loaded tins will be at the bottom. I think this is a safe game. I expect our friend Mukherjee will get. three months and he is making an awful outcry about it. Why he gave his own name, I do not know. The silly ass talks of appeals, and will spend thousands instead of getting it over quickly. I am very sick at the accident, and fearfully disappointed but not surprised. How we shall ever get; the present stock out, 1 do not know. Perhaps I will bring some myself some day. I cannot think of any plan to get hold of already shipped stuff by transferring to Madras or recalling. But this you would have thought out a long time ago and will do your best about. In a case like this, the least said the better, and it only remains to make fresh plans. I shall never have any confidantes in future--you and I only. I shall have a safe cache and sell myself according to the market; a little that way is better than a lot the old way. Unluckily, the quinine plan does not deal with bottles. Hoping you are well. Sincerely, P.S. Best clear out of Bartholomew Close at once. You might hear from Board of Trade otherwise, not to mention India Office. But they can only bluster.