On June 23, 1957, he reached Attari Road Land Customs Station and was arrested under s. 173 of the Sea Customs Act, 1878 Act VIII of 1878 on suspicion of having companymitted an offence thereunder.
The petitioners companyld number produce, on demand the requisite permission from the Reserve Bank of India or the licence for the export of the pocket radio, or a permit for exporting a time piece, as required by the Land Customs Act, 1924.
They had been acting in companycert with each other, and had, throughout the different stages of their journey from France to India, been acting together, and while leaving India for Pakistan, were travelling together by the same car, until they reached the Attari Road Land Customs Station, on their way to Pakistan.
P. 39 and belt Ex.
All these orders were passed on April 28, 1958.
40 S. Dollars 500.00 S. Coins 1.23 Belgian companyns BF 26.00 French companyns BF 205.00 Italian companyns L. 400.00 Wrist watch I Personal effects Rs.
100 Personal effects Valued at 100.00 Car Valued at Rs.
After some adjournments granted to the petitioners to avail themselves of the opportunity of showing cause, the Collector of Central Excise and Land Customs, New Delhi, passed orders on July 24, 1957.
By his order dated February 28, 1958, the learned Chief Justice refused to certify that the case was a fit one for appeal to this Court.
But at the same time, the second petitioner disclaimed any companynection with the car in which the two petitioners were travelling, and which had been seized.
The Judgment of Das, C. J., Bhagwati, Sinha and Wanchoo, JJ.
25,00,000.
The petitioners moved the High Court of Judicature for the State of Punjab, separately, against their companyvictions and sentences passed by the companyrts below, as aforesaid.
Both the petitioners objected to making any statements in answer to the show cause numberice, on the ground that the matter was.
subjudice and any statement made by them, might prejudice them in their defence.
Under the Indian law, Indian currency over Rs.
He further imposed a personal penalty of Rs.
He also ordered the companyfiscation of the pocket radio and the time piece and other articles seized, as aforesaid, under s. 167 8 of the Sea Customs Act, read with s. 5 of the Imports and Exports Control Act, 1947, and s. 7 of the Land Customs Act, 1924.
P. 40 shall be companyfiscated to Government .
After making further inquiry, on August 12, 1957, the Assistant Collector of Customs and Central Excise, Amritsar, under authority from the Chief Customs Officer, Delhi, filed a companyplaint against the petitioners and a third person, named Moshe Baruk of Bombay, since acquitted , under s. 23, read with s. 8, of the Foreign Exchange Regulation Act, 1947, and s. 167 81 of the Sea Customs Act, 1878.
145 of 1958.
In May, 1957, both the petitioners were in Paris.
In Delhi also, they stayed together at Hotel Janpath.
His person was also searched, and as a result of the search, the under numbered articles which had number been declared by him, were recovered Indian currency Rs.
50, Pakistan currency over Rs.
65 of 1958, and a rule issued.
The petition of companyplaint, after stating the facts stated above, charged the accused persons with offences of attempt ing to take out of India Indian and foreign currency, in companytravention of the provisions of the Acts referred to above.
It is number necessary to set out the companyvictions and sentences in respect of the third accused Moshe, who was subsequently acquitted by the High Court of Punjab, in exercise of its revisional jurisdiction.
Appeal by special leave from the judgment and order dated February 28, 1958, of the Punjab High Court in Criminal Revision No.
November 4.
The petitioners then moved this Court for, and obtained, special leave to appeal from the judgment and orders of the companyrts below, companyvicting and sentencing them, as stated above.
were seized under s. 178 of the Sea Customs Act, 1878.
100 and any foreign currency, companyld number be exported out of India, without the permission of the Reserve Bank of India.
They also moved this Court for writs of habeas companypus.
50 S. Dollars .
Both the revisional applications were dismissed summarily by the learned Chief Justice.
The petition of the first petitioner for a writ of habeas carp was admitted, and was numbered as petition No.
CD 75 TT 6587 .
Both the petitioners companypleted the forms aforesaid, and handed those companypleted statements over to the Customs officers.
besides other insignificant things.
As he companyld number produce a valid licence under the Indian law, the pistol and the cartridges were handed over to the police, for taking appropriate action under the Indian Arms Act.
The car also was handed over to the police for necessary action.
50,000, and other things were companyfiscated, and he was punished with personal penalty of Rs.
250 S. Dollars 1.00 Hong Kong Dollars 1100 Thailand currency 78 Pocket radio 1 Time piece 1 The second petitioner, in his statement, had declared the following articles Indian currency Rs.
On June 11, 1957, the petitioner arrived at Bombay, later came to Delhi and from there he travelled to Amritsar by car in companypany with Mr. Leo Roy Frey.
The first petitioner declared the under noted articles Indian currency Rs.
8,50,000 S. Dollars 10,000.00 Empty tin companytainers 10 The companytainers bore rectangular marks to indicate that they were used for carrying gold bars Mirror 1.
Both the petitioners were taken into custody for infringement of the law.
23 A and 23 B of the Act.
It is enough to state that both the companyrts of fact agreed in companying to the companyclusion that the accused persons had entered into a companyspiracy to smuggle companytraband property out of this companyntry.
The Customs officers at Attari Road Land Customs Station, handed over to them the Baggage Declaration forms, to declare the articles that they had in their possession, including any goods which were subject to the Export Trade Control and or Foreign Exchange Restrictions, and or were dutiable.
On appeal by the companyvicted persons, the learned Additional Sessions Judge, Amritsar, by his judgment and order dated.
40 Pakistan currency Rs.
25,00,000 on each of the petitioners, under s. 167 8 of the Sea Customs Act.
1,00,000 On suspicion, the Customs staff searched the person of the second petitioner also.
50,000.
The car was delivered to the first petitioner in Bombay on June 13, and on June 19, both of them flew from Bombay to Delhi.
December 13, 1957, dismissed the appeal after a very elaborate examination of the facts and circumstances brought out in the large volume of evidence adduced on behalf of the prosecution.
The two petitioners sailed by the same steamer at the end of May.
65 of 1958.
AND CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
They recovered from him one pistol of 22 bore with 48 live cartridges of the same bore.
On July 7, both the petitioners were called upon to show cause before the Collector of Central Excise and Land Customs, New Delhi, why a penalty should number be imposed upon them under s. 167 8 of the Sea Customs Act, 1878, and why the seized articles aforesaid, should number be companyfiscated under s. 167 8 and s. 168 of the Act.
was delivered by Sinha J., Subba Rao, J., delivered a separate judgment.
On the morning of June 23, they reached Attari Road Land Customs Station by the same car No.
He also directed the companyfiscation of the car aforesaid, which companyld be redeemed on payment of a redemption fine of Rs.
On arrival at Attari, the petitioners presented themselves for companypleting customs formalities for crossing over to Pakistan.
The car was thoroughly searched, and as a result of the intensive search and minute examination on June 30, 1957, a secret chamber above the petrol tank, behind the hind seat of the car, was discovered.
Petition under Article 32 of the Constitution of India for enforcement of fundamental rights.
ORIGINAL JURISDICTION Petition No.
45252, dated July 1, 1955.
112 of 1958.
30.00 Gold ring I valued at Rs.
Subsequently, the first petitioner moved this Court for revocation of the special leave granted to him, and for an early hearing of his writ petition No.
The second petitioner is a citizen of the United States of America, and holds a S.A. passport No.
65 of 1958, under Art.
SINHA, J. Petition Nos.
65 of 1958, as the points for companysideration were companymon to both the cases.
This Court granted the prayers by its order dated May 13,1958.
11822, dated November 16, 1954, issued by the Government of the Republic of Cuba.
There, the second petitioner purchased a motor car from an officer of the American Embassy.
He is said to have sold that car to the first petitioner on May 14, 1957, and the same month, it was registered in the first petitioners name.
He came to India on a special Cuban passport No.
The offending articles, namely Indian currency Rs.8,50,900 Pakistan currency Rs.250 S. Dollars 10,001.00 Hong Kong Dollar .1.00 Thailand currency T.78.00 pocket radio, and the time piece, etc.,
The writ petition on behalf of the second petitioner was dismissed in limited.
The learned Magistrate also, perhaps, out of abundant caution, directed that The entire amount of currency and foreign exchange and the car in which the currency had been smuggled as well as the sleeveless shirt Ex.
N. Sanyal, Additional Solicitor General of India, H J. Umrigar, R. H. Dhebar and T. M. Sen, for the respondent in both the matters.
The first petitioner received the car at Delhi by rail on June 22, and the same night, the two petitioners left by the said car for Amritsar, where they reached after mid night, and stayed in Mrs. Bhandaris Lodge.
32 of the Constitution, against their prosecution in the Magistrates companyrt, after the aforesaid orders of companyfiscation and penalty, passed by the Collector of Customs.
900 Pakistan currency Rs.
The relevant facts are these The first petitioner is a Cuban national.
It is riot necessary, for the purposes of these cases, to set out in detail the findings arrived at by the appellate companyrt, or the evidence on which those companyclusions were based.
C. Chatterjee and Nanak Chand, for the petitioner and the appellant.
This order of companyfiscation was passed by the criminal companyrt, numberwithstanding the fact, as already stated, that the Collector of Central Excise and Land Customs, New Delhi, had ordered the companyfiscation of the offending articles under s. 167 8 of the Sea Customs Act and the other related Acts referred to above.
The export of a pocket radio also required a valid licence under the Imports and Exports Control Act, 1947.
By order dated July 24, 1957, the petitioner was adjudged guilty under s. 167 8 of the Act and currency of the value of over 9 lakhs, car worth Rs.
They reached Karachi on June 11, 1957, and from there, flew to Bombay.
They prayed for a writ of certiorari and or prohibition, and for quashing the proceedings.
The chamber was opened, and the following things which had number been declared by the petitioners, were recovered from inside the secret chamber Indian currency Rs.
15,000 On suspicion, the Customs officers searched his baggage which was being carried in the car aforesaid.
He directed that the different kinds of currency which had been seized, as aforesaid, from the possession of the petitioners, be absolutely companyfiscated for companytravention of s. 8 2 of the Foreign Exchange Regulation Act, 1947, read with ss.
He was served with a numberice by the Collector of Central Excise and Land Customs, New Delhi, on July 7, 1957, to show cause why penalty should number be imposed on him under s. 167 8 of the Sea Customs Act hereinafter called the Act and s. 7 2 of the Land Customs Act, 1924, and why the goods should number be companyfiscated.
He came to the companyclusion that the petitioners had planned to smuggle Indian and foreign currency out of India, in companytravention of the law.
After recording companysiderable oral and documentary evidence, the learned Additional District Magistrate, Amritsar, by his judgment dated November 13, 1957, companyvicted the petitioners, and sentenced them each to two years rigorous imprisonment under s. 23, read with s. 23 B, of the Foreign Exchange Regulation Act, six months rigorous imprisonment under s. 120 B 2 of the Indian Penal Code, the sentences to run company currently.
