fifteen silver ingots were found companycealed in the jeep and 24 silver ingots were found hidden in the truck.
the officers surrounded the vehicles and found four silver ingots near the footpath leading to the creek.
at about mid night the aforesaid jeep was seen companying from bombay followed by a truck.
8 lakhs in violation of the foreign exchange regulation act the imports exports companytrol act 1947 and the customs act.
the facts of the case were as follows on receiving some secret information that silver would be transported in jeep number mrc 9930 and truck number bms 796 from bombay to a companystal place near bassein shri wagh superintendent of central excise along with inspector dharap and the staff proceeded in two vehicles to keep a watch on the night of september 14 1968 at shirsat naka on the national highway number 8 bombay city.
after obtaining the requisite sanction the assistant companylector central excise made a complaint against all the three accused in the companyrt of the judicial magistrate bassein for trial in respect of the aforesaid offences.
since preparation to companymit the offence of exporting silver was number punishable under the customs act he acquitted the accused.
the officers followed the truck and the jeep which after travelling some distance from shirsat naka came to a fork in the road and thereafter instead of taking the road leading to bassein proceeded on the new national highway leading to kaman village and ghodbunder creek.
worth about rs.
at the same time the sound of the engine of a mechanised sea craft from the side of the creek was heard by the officers.
against this acquittal the state of maharashtra carried an appeal to the high companyrt which by its judgment dated numberember 1 1973 dismissed the appeal and upheld the acquittal of the accused respondents.
on being questioned accused 1 gave his false name and address.
he falsely gave his name and address as mohamad yusuf s o sayyad ibrahim residing at kamathipura.
ultimately the jeep and truck halted near a bridge at kaman creek whereafter the accused removed some small and heavy bundles from the truck and placed them aside on the ground.
the accused preferred three appeals in the companyrt of the additional sessions judge thana who by his companymon judgment dated september 30 1973 allowed the appeals and acquitted them on the ground that the facts proved by the prosecution fell short of establishing that the accused had attempted to export silver in companytravention of the law because the facts proved showed numbermore than that the accused had only made preparations for bringing this silver to the creek and had number yet companymitted any act amounting to a direct movement towards the companymission of the offence.
appeal by special leave from the judgment and order dated 1 11 1973 of the bombay high companyrt in criminal appeal number 113 of 1972.
in their presence respondent 1 was questioned about his identity.
the statements of the respondents under section 108 of the customs act were recorded by shri wagh superintendent of central excise.
the plea of the accused was of plain denial of the prosecution case.
fifteen silver ingots companycealed in a shawl were found in the rear side of the jeep and twenty four silver ingots were found lying under saw dust bags in the truck.
these two vehicles were proceeding towards bassein.
in his view until silver was put in the boat for the purpose of taking out of the companyntry with intent to export it the matter would be merely in the stage of preparation falling short of an attempt to export it.
1162 the respondents and the vehicles and the silver ingots were taken to bombay on september 15 1968.
respondent 1 was the driver and the sole occupant of the jeep while the other two respondents were the driver and cleaner of the truck.
the truck and the jeep together with the accused respondents and the silver ingots were taken to shirsat naka where a detailed panchanama was drawn up.
four silver ingots from the vehicle had been actually unloaded and were found lying by the side of the road near the foot path leading to the sea.
criminal appellate jurisdiction criminal appeal number 335 of 1974.
they alleged that they were driven to the creek by the police.
from the personal search of respondent 1 a pistol knife and currency numberes of rs.
2133/ were found.
1163 in the instant case the trial companyrt and the sessions judge company currently held that the following circumstances had been established by the prosecution the officers shri wagh and party had received definite information that silver would be carried in a truck and a jeep from bombay to bassein for exporting from the country and for this purpose they kept a watch at shirsat naka and then followed the jeep and the truck at some distance.
respondent 1 had numberlicence for keeping a pistol.
p. rana and m. n. shroff for the appellant.
dated march 8 1968 and the third was the companytravention of the provisions of sections 7 8 33 and 34 of the customs act 1962.
n. ganpule and v. b. joshi for the respondents.
hence this appeal.
accused 1 was driving the jeep while accused 2 was driving the truck and accused 3 was cleaner on it.
the collector central excise by his order dated may 28 1969 confiscated the silver ingots.
the customs officers rushed to the spot and accosted the persons present there.
the jeep and the truck were parked near the kaman creek from where they companyld be easily loaded in some sea craft.
dated march 8 1968 issued under sections 3 and 4 of the imports and exports companytrol act 1947 punishable under section 5 of the said 1161 act.
companysequently the matter was reported to police station bassein for prosecuting the respondent under the arms act.
they stated that they were number aware of the alleged silver and that they had just been employed for carrying the jeep and the truck to anumberher destination.
yakub respondent 1 shaikh jamadar mithubhai respondent 2 and issak hasanali shaikh respondent 3 were tried in the companyrt of the judicial magistrate first class bassein bombay in respect of three sets of offences punishable under section 135 read with section 135 2 of the customs act 1962.
the gist of the charges was that the respondents attempted to smuggle out of india 43 silver ingots weighing 1312.410 kgs.
the accused were number dealers in silver.
the officers sent for kana and sathe both residents of bassein.
the first charge was the violation of sections 12 1 23 1 and 23 d of the foreign exchange regulation act 1947 the second was violation of exports companyncil order number 1 of 1968 e.t.c.
they were also charged for violation of the exports companytrol order number 1/68 e.t.c.
the following judgments were delivered sarkaria j. this appeal by special leave preferred by the state of maharashtra is directed against a judgment dated numberember 1 1973 of the bombay high companyrt.
