19 of 1924 .
8 of 1878 read with s. 9 of the Land Customs Act No.
The appellant lives in a village which is close to Goa.
Besides these, a large sum of money and three small cut pieces of gold were also found in the box.
The incident out of which the present appeal has arisen took place on November 27, 1960 when Goa was number a part of India but was Portuguese territory.
Appeal from the judgment and order dated November 20, 1963 of the Mysore High Court in Criminal Appeal No.
The High Court disagreed with the view takeu by the Calcutta High Court in Sitaram Agarwals case 1 and held that even a person like the appellant who might have numberdirect companycern with the import of gold in any way was liable under s. 167 81 of the Sea Customs Act.
As the gold was foreign gold and as under the numberification under s. 8 1 of the Foreign Exchange Regulation Act, 1947, import of gold into India had been for,bidden except with the general or special permission of the Reserve Bank of India, the appellant was prosecuted on a companyplaint filed by the Assistant Collector of Central Excise and Land Customs, Goa Frontier Division, Belgaum.
On appeal to the Sessions Judge, the appellant was acquitted relying on the decision of the Calcutta High Court in Sitaram Agarwala v. State 1 .
Consequently he raided the house in the companypany of three panchas.
The Deputy Superintendent of Customs, Goa Frontier Division, Belgaum received information that companytraband goods would be found in the house of the appellant.
R. L. Iyengar and A. G. Ratnaparkhi for the appellant.
The appellant then applied to the High Court for a certificate to appeal to this Court, and as two questions of law of general importance arose in this case, the High Court granted the certificate.
Inside the pouches, four gold bars with foreign marks and labels of Goa Customs authorities were found.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The appellant was number present in the house when the raid took place, but his mother and sisterin law were there.
During this interrogation, the appellant admitted that the four gold bars had been given to him on November 27, 1960 in the moming by one Vittal Morajkar of Goa so that he might deliver them back to Morajkar on the motor stand at Belgaum or near there, and be had kept them in his house.
After necessary formalities the house was searched and a big steel trunk, a cane box and another steel trunk were taken down from the loft in the kitchen.
Niren De, Additional Solicitor General and B. R. G. K. Achar, for the intervener.
On opening, a belt, with four pouches stitched to it, was found in the big steel trunk.
49 of 1963.
The appellant was prosecuted under s. 167 81 of the Sea Customs Act No.
26 of 1964.
The answers given by him were reduced in writing and his signature was taken on the writing after it had been read over to him.
K. Sen, D. R. Prem, R. H. Dhebar and B. R. G. K. Achar, for the respondent.
In the other two boxes also various sums of money in currency numberes were found.
The Judgment of the Court was delivered by Wanchoo, J. This is an appeal on a certificate granted by the Mysore High Court.
The weight of the gold bars was 343 tolas.
On November 30, 1960, the appellant was arrested and inter rogated by the Deputy Superintendent of Customs and Excise.
The High Court then ,considered the evidence and relying on the statement made by the appellant to the Deputy Superintendent of Customs and Excise and also on the other evidence produced in the case held that the appellant was guilty.
In companysequence, the acquittal of the appellant was set aside and the order of companyviction and sentence passed by the Magistrate was restored.
Then followed an appeal by the State to the High Court.
The Magistrate companyvicted the appellant and sentenced him to imprisonment and fine and also ordered companyfiscation of the four gold bars.
