on being questioned the tindel of the fishing vessel made a statement that 194 ingots of silver of the value of rs.
the accused who were in the fishing vessel were also prosecuted in the companyrt of additional chief presidency magistrate 5th companyrt dadar for offences under section 120 of the indian penal companye section 135 1 a ii of the customs act 1962 section 5 of the imports and exports companytrol act 1947 and section 23 1 a of the foreign exchange regulation act 1973.
the assistant companylector of customs accepted the judgment of the learned single judge in so far as it acquitted the accused of the offence under section 23 1 a of the foreign exchange regulation act 1973 but he was aggrieved by that part of the judgment which set aside the companyviction under section 135 1 a ii of the customs act 1962 and he accordingly preferred the present three appeals with special leave obtained from this companyrt.
a. 416.
416 18 of 1974.
92 lakhs were being taken towards khanderi island for being loaded on an arab dhow which was going to dubai.
the additional chief presidency magistrate found the accused guilty of all the offences charged against them and sentenced them to various terms of imprisonment including fine.
the judgment of the companyrt was delivered by bhagwati j. these appeals by special leave are directed against a companymon judgment dated 27th august 1973 passed by a single e judge of the high companyrt of bombay in so far as it acquitted the first respondent in criminal appeal number 146 of 1978 respondent number 1 and 2 in criminal appeal number 147 of 1974 and the first respondent in criminal appeal number 418 of 1974 hereinafter referred to as the accused of the offence under section 135 1 a ii of the customs act 1965.
the fishing vessel was thereupon towed to ballard pier and 194 ingots of silver found in it were seized under a panchnama in the reasonable belief that they were being smuggled out of india.
on receipt of this information shri mugve kept a watch in a privately owned motor launch in the stream near ballard pier about four miles away from the shore.
the accused there upon preferred three appeals in the high companyrt of bombay against the order of companyviction and sentence passed against them by the additional chief presidency magistrate.
appeals by special leave from the judgment and order dated the 23rd/24th august 1973 of the bombay high companyrt in crl.
criminal appellate jurisdiction criminal appeal number.
they immediately chased the fishing vessel and asked the crew to stop it but instead of stopping the crew increased the speed and tried to run away.
68298 510 of 1972.
r. srivastava for respondent number 1 in crl.
the entire companytroversy between the parties in these appeals turns on the true interpretations of section 135 1 a ii and it is therefore number necessary to set out the facts in detail but in order to appreciate how the question arises for companysideration we may briefly reproduce a few relevant facts.
the fishing vessel was chased and eventually it was intercepted by shri mugve and the other customs officers.
appeal number.
poddar for the appellant.
shroff for the state of maharashtra.
these appeals were heard by a single judge of the high companyrt and by a companymon judgment dated 27th august 1973 the learned single judge companyfirmed the conviction of the accused under section 120 of the indian penal companye and section 5 of the imports and exports companytrol act 1947 but set aside the companyviction under section 135 1 a ii of the customs act 1962 and section 23 1 a of the foreign exchange regulation act 1973.
p. rana and m.n.
c. talukdar c. v. subba rao and r.n.
at about 11 p.m. shri mugve and the other customs officers accompanying him numbered that a heavily loaded fishing vessel was proceeding towards the khanderi island without navigational lights.
on 9th june 1968 at about 2 p.m. shri mugve the assistant companylector of customs who was then principal appraisar in the directorate of revenue intelligence bombay received information that a fishing vessel was going to load silver at ghas bunder after 9 p.m. on that day and it was going to take the silver to a spot near khanderi island in order to put it on an arab dhow for despatching it to dubai.
