The appellant was charged with having companymitted an offence of companyveying the said dutiable goods from the french territory of pondicherry into the indian union madalapet village by land by a route other than the authorised route prescribed under the land customs act, i.e., offence under section 7 1 b of the land customs act, and mohamed ibrahim was charged with having companymitted an offence under section 7 1 c of the land customs act.
The learned magistrate accepted this plea of the appellant and companyvicted the appellant and sentenced him to rigorous imprisonment for four months.
They were put up on the 24th march, 1952, before the stationary sub magistrate, cuddalore, when the appellant pleaded guilty, stating that one person came and gave him the gold through a lane and asked him to bring it into the indian union.
He also ordered the companyfiscation of the two blocks of gold which were found on the person of the appellant.
The high companyrt was impressed with the argument advanced by the companynsel for the appellant that the circumstances of the case threw suspicion as to the genuine and voluntary nature of the companyfession made by the appellant.
The appellant filed a revisional application in the high companyrt of judicature at madras.
In view of the admission and the companysequent companyviction of the appellant the case was withdrawn against mohamed ibrahim who denied his guilt.
If once the high companyrt set aside the companyviction and sentence passed upon the appellant the high companyrt has neither the jurisdiction number the power to companyfirm the order of companyfiscation of the two blocks of gold which has been passed by the learned magistrate.
Bhagwati, J. The appellant and one mohamed ibrahim alias kottai thambi were apprehended when crossing Into the indian union from the french territory of pondicherry on the night of the 23rd march, 1952, at 1 a.m. the appellant was found companyveying dutiable goods namely 2 blocks of gold weighing 307 7/8 tolas in all by tying them in a special cloth pouch around his waist and companycealing them under his clothes and he was aided and abetted in that act by mohamed ibrahim.
