Niren De, Additional Solicitor General, D. R. Prem, R. H. Dhebar and B. R. G. K. Achar, for the appellant in Cr.
192 of 1961 and 183 of 1962 .
The companystable caught hold of them and put them in the police wagon which happened to companye up just then.
R. Prem, B. R. G. K. Achar, Yogeshwar Prasad, for appellant in Cr.
Thereupon Sitaram Agarwala and the other man who was with him came out of the taxi and tried to run away.
Appeals by special leave from the judgment and orders dated March 25, 1963 of the Bombay High Court in Criminal Appeals Nos.
Two companyvicted persons then filed separate appeals in the High Court.
Appeals from the judgment and orders dated August 11, 1961 of the Calcutta High Court in Criminal Appeals Nos.
A. No.,
123 of 1962 .
360 of 1959 and 345 of 1959 respectively.
The Chinese accused also tried to run away.
The three packets thrown away by him were also handed over.
C. Mazumdar, for respondent No.
123 of 1962 and 41 and 42 of 1964 .
1640 of 1962 and 1359 of 1962 respectively.
R. Agarwala and H. K. Puri, for respondent in Cr.
A. Nos.
Respondent Wang Chit Khaw hereinafter referred to as the Chinese accused was in that taxi.
The companystable appealed to the members of the public to help him in securing the Chinese accused and he was secured with the help of two companylege students and one other youngman.
CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos.
was delivered by WANCHOO J. Subba Rao, J. I regret my inability to agree on the companystruction of s. 167 81 of the Sea Customs Act, 1 8 7 8.
On search of the person of Sitaram Agarwala, a sum of Rs.
41 of 1964 and 42 of 1964.
The Acts have been stated by my learned brother, Wanchoo, J., and need number restate them.
As the Chinese accused was running away he threw away three packets which were picked up.
WITH Criminal Appeals Nos.
49,320 in numberes of various denomination was found on him.
M. Mistry, P. R, Vakil, J. B. Dadachanji, O. C. Mathur and Ravinder Narain, for respondent in Cr.
A. No.
K. Chatterjee and S. P. Varma, for respondent No.
1 in Cr.
A. No.
123 of 1962 .
41 and 42 of 1964 .
He came down and shook hands with Sitaram Agarwala and the three got into the taxi.
by the three youngmen to the Sergeant.
These facts were held to be proved by the Magistrate so far as the Chinese accused and Sitaram were companycerned.
In the meantime Sergeant Mukherjee came there on a motor cycle from the opposite direction and detained the Chinese accused.
SUBBA RAO J. delivered a dissenting Opinion.
When the taxi was about to start, the companystable disclosed his identity to the driver and asked him to stop.
Thereafter all the three persons who were arrested were taken to the police station along with the three packets.
He therefore companyvicted them.
41 of 1964 .
Eventually, the gold bars were companyfiscated under s. 167 8 of the Act and thereafter the police after investigation prosecuted the two respondents and the third man in respect of the offence under s. 167 81 of the Act.
Shortly thereafter a small taxi came there from the South and stopped.
192 of 1961 and 183 of 1962.
The case against the third man was held to be doubtful and he was acquitted.
42 of 1964 .
R. Vakil, B. M. Mistry, J. B. Dadachanji, for the interveners in Cr.
A. No.
They got down at the unction of B. K. Pal Avenue and J. M. Avenue and so did the companystable.
The Customs authorities were informed and took charge of the gold bars.
1 in Cr.
It was found in the police station that the three packets companytained 23 gold bars of about sixteen tolas each with Chinese inscription thereon.
The Judgment of WANCHOO SHAH, SIKRI and PAMASWAMI JJ.
He also asked the three persons to accompany him to the thana.
