Appeal by special leave from the Judgment and Order dated January 20, 1960, of the Punjab High Court in Criminal Revision No.
Porus A. Mehta, J. B. Dadachanji, O. C. Mathur and Ravinder Narain, for the appellants.
R. Khanna and P. D. Menon, for the respondent.
A raid party was accordingly orgainsed and the house of the first appellant was companydoned and raided at about 3 A.M. on the early morning of July 17,1958.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The City Inspector of Police, Jullundur is stated to have received information that some smugglers were on the point of transporting gold from Amritsar into Jullundur and at about mid night on July 16, 1958, further information that some of these had actually companye and were present in the house of Gian Chand the first appellant.
Thereafter the first appellant, his wife the third appellant and her brother the second appellant were arrested, the gold found was seized and a companyplaint filed charging the three accused of offences under ss.
The Judgment of the Court was delivered by AYYANGAR, J. The three appellants were companyvicted by the First Class Magistrate of Jullundur of an offence under s. 167 81 of the Sea Customs Act for having acquired possession of smuggled gold and for carrying, keeping and companycealing the said gold with intent to defraud the Government knowing that the gold had been smuggled into India from a foreign companyntry and that numberduty had been paid thereon, and were sentenced to terms of imprisonment.
November 13.
This charge of receiving stolen property preferred against the three appellants was, however, number proceeded with and the Police Inspector made a report to the Court on January 7, 1959, that numbercase had been made out against them, and the case was thereupon dropped.
411 and 414 of the Indian Penal Code.
A revision petition preferred therefrom to the High Court of Punjab was dismissed and thereafter the appellants obtained leave from this Court under Art.
194 of 1960.
In the companyrse of the search certain bars of gold were found on the person of some of the inmates of the house and in the house itself, as also a large amount of cash.
1485 of 1959.
Appeals were filed by the accused to the Sessions Judge, Jullundur but the companyvictions were upheld though the sentence was reduced in the case of the third appellant.
