In the High Court the same plea was taken and was rejected.
Under the Foreign Exchange Regulation Act, 1917, the importation of gold without such permit is prohibited and such companytravention is punishable under s.23 A of the said Act read with s.167 81 of the Sea Customs Act.
The learned Sessions Judge in appeal also accepted the testimony of the Customs Officials and held the defence to be false and came to the companyclusion that the gold was found in possession of the appellant.
The appellant was prosecuted under s.23A of the Foreign Exchange Regulation Act and 167 81 of the Sea Customs Act and his defence was that he was number in possession of the gold bars which were taken from an attache case left by a stranger under the seat where he the appellant was sitting.
The trial companyrt accepted the testimony of the Customs Officials and held that the defence of the appellant was false and that gold worth Rs.
Appeal by special leave from the judgment and order dated June 19, 1959, of the Punjab High Court in Criminal Revision No.
The appellant has companye in appeal by special leave.
No permit from the the Reserve Bank to import this gold was produced by the appellant.
On revision to the High Court the sentence was reduced to six months rigorous imprisonment.
S.C.R. 786.
14,000/ was found in his possession.
These gold bars were seized and a recovery memo wits prepared, Out of these gold 1 1962 3.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
March 6.
5 of the Amrsar Railway Station, was searched by a Customs Official and some bars of gold were found tied round his waist.
The Judgment of the Court was delivered by KAPUR, J. This is an appeal by special leave against the judgment and order of the High Court of the Punjab and raises the companystitutionality of s.178A of the Sea Customs Act.,
An appeal to the Sessions Judge resulted in the reduction of the sentence to 8 months rigorous imprisonment.
C. Mathur and P. D. Menon, for the respondent.
144 of 1959.
The Additional District Magistrate held the offence to be proved and companyvicted the appellant of the offence and sentenced him to one years rigorous imprison ment.
bars four were of base metal and the rest were of pure gold some bearing the stamp of Johmon Mathey Co. Ltd., 999 10 tolas and 2 1/4 bars bore marks of N.M. Rothschild Sons 10 tolas 990 0 .
L. Kohli, for the appellant.
126 of 1959.
The appellant on February 11, 1958, when he was sitting in a third class companypartment of the Amritsa Kalka train standing on Platform No.
The question number sought to be raised was number agitated in any of the companyrts below.
