496 of 1986 the accused respondent Nos.
A. No.
This matter ultimately came up before this Court in an appeal by special leave.
These two appeals were heard together and disposed of by a companymon judgment by the High Court, Bombay whereby criminal appeal No.
All these aforesaid appeals were filed against the judgment and order passed by the Additional Chief Metropolitan Magistrate in Criminal Case No.
4 and S i.e. the Managing Director of the Company and the Company and also against the release of the pair of trawlers in spite of companyviction of the masters under section 12 b of M.Z.I. Act by the Magistrate.
636 of 1986 was allowed in part by modifying the sentence of the masters of the trawlers from R.I. for one year to S.I. for 9 months and from R.I. for 9 months to S.I. for 6 months.
654 55 of 87 and Crl.
3 and 4 i.e. the Managing Director and the Company were companyvicted and sentenced to pay a fine of Rs.30,000 each and the trawlers were ordered to be companyfiscated with the fishes thereon or in case of sale of the same the proceeds thereof.
3 and 4, i.e. Charterer Company and its Managing Director was allowed by the High Court of Bombay and they were companyvicted and sentenced to pay a fine of Rs.30,000 each in default to suffer S.I. for 4 months.
A. No.
635 of 1986 was filed by the masters of the trawlers.
3 and 4, i.e. the charterer companypany and its managing Director and also releasing the trawlers.
The Additional Chief Metropolitan Magistrate companyvicted the masters of the trawlers i.e. accused Nos.
646 47 of 87 and Crl.
A. Nos.
These criminal appeals were filed against the judgment and order passed in criminal case No.
2 and 3 of this appeal were companyvicted and sentenced to pay a fine of Rs.60,000 and Rs.40,000 respectively and the other accused respondents Nos.
495 of 1986 filed on behalf of the prosecution was allowed and the accused Nos.
The Magistrate also made an order companyfiscating the trawlers JIANN TAI No.
642 43/87.
497 and 637 of 1986.
1 and 2 i.e. the masters of the vessel to pay a fine of Rs.60,000 and Rs.40,000 respectively in default to undergo R.I. for 1 year and 9 months respectively.
From the Judgment and order dated 24.4.1987 of the High Court of Bombay in Criminal Appeal Nos.
Of the other three pairs of foreign trawlers chartered by Indian companypany for fishing in the Maritime Zone of India under permit granted under M.Z.I. Act which were seized and prosecuted, two pairs of trawlers with fishes thereon were ordered to be companyfiscated while one pair of these trawlers were directed to be released.
302 along with the fishing gear, equipments, stores, cargo and fish and directed that the same shall vest with the Central Government together with the proceeds of the sale of fish, if any, under order of the Court.
28 of 1984 passed in Criminal Appeal Nos.
22 together with fishing gear, equipment, stores, cargo and fish therein.
Appeal Nos.
495 and 634 of 1986 by the High Court of Bombay on 24th April, 1987 dismissing the appeals of the masters of the vessels and allowing the appeals filed on behalf of the prosecution.
4 and 5 were acquitted and the trawlers and the fishes thereon were ordered to be released on payment of the detention charges.
acquitted accused Nos.
A. Nos.
660/86 was filed by the Charterers.
660 and 635 of 1986.
301 and JIANN TAI No.
A. Nos.
S.D. Baijal against the order acquitting accused Nos.
496 of 1986 against the order of acquittal of respondent Nos.
642 656 of 1987.
The Crl.
The vessel as well as the fishing equipment were companyfiscated and the same were directed to vest in favour of the Central Government.
3 and 4 i.e. the Charterer Company as well as the Managing Director of the Company were companyvicted and sentenced to pay a fine of Rs.30,000.
666 of 1987 arise out of a companymon judgment and order passed by the High Court of Bombay in Crl.
637/86 filed by the masters of the trawlers was dismissed with the modification that the companyviction made u s 12 b was altered to 12 a of M.Z.I. Act and the sentence of R.I. for 1 year and 9 months respectively in default payment of fine were modified as S.I. for h months and S months respectively.
These appeals by special leave are against the judgment and order dated 24th April, 1987 passed by the High Court of Bombay dismissing criminal appeal No.
The masters of each pair of trawler were similarly companyvicted and sentenced to pay fine for violation of provisions of the said Act and the Rules framed thereunder.
K. Sen, A.K. Goel, Ajit Pudussery and M.D. Rijhwani for the Appellants.
495, 496, 497, 660, 635, 636 and 637 of 1986.
A. No.
A. No.
1 and 2 for companytravening Rule 8 1 G read with Rule 16 and Section 20 b of M.Z.I. Act and sentenced them to pay a fine of Rs.60,000 and Rs.40,000 respectively in default of payment of fine to suffer R.I. for 1 year and 9 months respectively.
The masters of the pair of trawlers filed criminal appeal No.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.
A. Nos.
The Magistrate however.
The Magistrate companyvicted and sentenced the accused Nos.
1 and 2 respectively for companytravening Rule 8 1 g and Rule 16 of the M Z I. Rules and also of the offence u s 5 of the Act and imposing penalty u s 12 b of the M.Z.I. Act.
Sessions Judge on revision affirmed the order of the Magistrate.
K. Banerjee, Solicitor General, A.K. Ganguli, Hemant Sharma, R.P. Srivastave, C. Ramesh and C.V. Subba Rao for the Respondents The Judgment of the Court was delivered by RAY, J. Crl.
A. No.
3 and 4, i.e the Charterer Company and its Managing Director.
636 of 1986 filed by masters of two trawlers against their companyviction and sentence and allowing appeal No.
The masters of the two trawlers, the respondent Nos.
648 49 87 and Crl.
496 of 1986 filed by Commander S.D. Baijal against the acquittal of accused Nos.
644 45187 and Crl.
26 of 1984 made on 21st May, 1986 by the Additional Chief Metropolitan Magistrate, 38th Court, Ballard Estate.
650 51 of 1987 arise out of a companymon judgment made by the High Court of Bombay on April 24, 1987 modifying in part the judgment and order made by the Additional Chief Metropolitan Magistrate, 38th Court, Ballard Estate, Bombay in Criminal Case No.
A. Nos.
3 and 4 for companytravention of sub section 6 of section 5 of the Maritime Zones of India Act, 1981 read with section 7 thereof and rule 16 of Maritime Zones of India Rules, 1982.
These two trawlers 11 along with three other pairs of trawlers were apprehended and seized by Coast Guard Ship Vikram companymanded by Commander S.D. Baijal for fishing operations in the exclusive economic zone of India in violation of the terms and companyditions of permit and the letter of intent granted to that companypany by the Government of India under section 5 4 of M.Z.I. Act and in violation of Maritime Zones of India Rules, in short M.Z.I. Rules, 1982 as amended.
The Magistrate, however, acquitted the accused Nos.
A. No.
The Magistrate also made an order companyfiscating the trawlers BWA Sheng No.
The charterer companypany and its Managing Director, have been companyvicted for companytravention of Section S of the Act and Rule 8 1 q of the Rules framed thereunder and penalty has been awarded.
The High Court also ordered companyfiscation of the two trawlers and to vest the same in favour of Central Government under section 13 of the Maritime Zones of C, India Act The trawlers in questions which are foreign vessel are chartered by respondent Nos.
They were prosecuted by Additional Chief Metropolitan Magistrate, 8th Court Ballard Estate, Bombay on the companyplaint of Commander S.D. Baijal filed as authorised officer under section 19 of the M.Z.I. Act.
3 and 4 i.e. the Charterer Company and its Managing Director and directed the release of the trawlers in favour of the masters of these trawlers.
634 of 1986 filed by the masters of the vessels was dismissed by the High Court of Bombay and the companyvinction and sentence u s 12 b of M.Z.I. Act was altered to one u s 12 a of the said Act.
21 and HQA Sheng No.
So the charterer who is deemed to be the owner of the trawler was held guilty of the offence of breach of terms of the permit.
4 and 5 of this appeal for the purpose of fishing in Maritime Zone of India after obtaining permit under section 5 of Maritime Zones of India Act, in short M.Z.I. Act.
652 53 of 1987 arise out of a companymon judgment passed in Criminal Appeal Nos.
The High Court companyvicted the accused Nos.
536 of 1986 against their companyviction and sentence while the companyplaining Commander S.D. Baijal filed criminal appeal No.
A. Nos.
It is against this judgment and order the instant appeals on special leave have been filed.
27 of 1984 wherein the Magistrate companyvicted and sentenced the masters of the trawlers with the imposition of fine of Rs.30,000 and Rs.40,000 on accused Nos.
The order of companyfiscation of the two trawlers was also maintained.
1966 Supp SCR 473 a truck hired by one Harbhajan Singh from the respondent companypany was found on search to have companytained companytraband opium.
The High Court also held the masters of trawlers guilty under Rule 8 1 q and they were companyvicted under section 12 a instead of section 12 b of the M.Z.I. Act but maintained the sentence of penalty.
497 of 1986 filed by Cdr.
A. No.
A. Nos.
In criminal appeal No.
