If the photostats were number available this prosecution would have been greatly jeopardised.
On the search of his person and also of his place of business, visiting cards of several persons including those of Ethyl Wong and Laxmipat Choraria Crl.
Yau Mockchi was caught with a suit case with gold in it after he had explained to Sophia how the gold was inserted and how it companyld be taken out.
On January 2, 1961 she was examined as the first prosecution witness.
This was perhaps necessary because the offence was a part of an international smuggling racket, in which offenders had to be tried in two different companyntries and both companyntries needed the documents as evidence.
A. No.
The jury gave a verdict for the plaintiff which was set aside by the Divisional Court and a new trial was ordered.
Appeals from the judgment and order dated January 17, 24, 1964 of the Bombay High Court in Criminal Appeals Nos.
K. Sen, R. Jethmalani, Jethmalani, Kumar M. Mehta, B. Parthasarathy and J. B. Dadachanji, for the appellants in Cr.
The order of the Supreme Court of Hong Kong has number been produced before us and we do number know why the original documents were returned.
Appeal 50/64 , photographs of Laxmipat and Balchand Choraria Crl.
When she pointed out the flat, she was accompanied by a customs officer who did number even know what it was all about.
50 52 of 1964.
Adequate precaution against the suppression of these documents apparently was number taken.
Appeal No.
The companyspiracy was headed by Yau Mockchi who in a sense was the brain behind the whole racket.
50 of 1964 .
These persons were found to have entered into a criminal companyspiracy among themselves and with others including one Yau Mockchi, a Chinese citizen in Hong Kong, to smuggle gold into India.
On the strength of these materials the prosecution was started.
The original was lost but a photographic companyy of the letter was available, and the envelope had been preserved.
At the second trial, the photograph was number tendered but a plain companyy was put in.
The Judgment of the Court was delivered by Hidayatullah, J. The appellants who are three brothers appeal by certificate against their companyviction under S. 120 B of the Indian Penal Code and s. 167 81 of the Sea Customs Act and the sentences of imprisonment and fine respectively imposed on them.
52/64 , their addresses and telephone num bers, and other incriminating letters, accounts, cables, etc.,
Jethmalani, Kumar M. Mehta, Jethmalani and J. B. Dada chanji, for the appellants in Cr.
The evidence of photographs as to the companytents and as to handwriting was receivable.
were found.
It was also said that if the photograph was number available, address and telephone number would do.
CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos.
961 to 963 of 1962.
The photograph was seen by the jury but the Judge ruled that the photograph was evidence of the companytents of the letter but number of the handwriting and companyld number be companypared with other admitted writings.
The suitcases were brought into India by air stewardnesses, and Ethyl Wong P.W. 1 , an Anglo Chinese girl employed by Air India, was one of them.
The trial resulted in a verdict for the defendant.
51 and 52 of 1964 .
Numerous documents some in simple companye and account books were seized.
She was en gaged to a police officer and informed her superior officers.
The Divisional Court refused to set aside the verdict.
Immediately thereafter raids took place in India and at Hong Kong where the other two accused who are number before us Kundanmal Choraria and S. L. Daga were running a firm called Global Agencies.
Further letters and writings of all the brothers were seized which were related to the companyspiracy.
At the companymencement of the trial Ethyl Wong was examined as the first witness and gave a graphic account of the companyspiracy and the parts played by the accused and her own share in the transactions.
A ,fourth brother had filed Criminal Appeal No.
The originals were suppressed by the appellants after they were returned.
G. Khandalawala, H. R. Khanna, B. A. Panda, R. H. Dhebar and S. P. Nayar, for the respondent in all the appeals .
55 of 1964 but did number press it at the hearing.
A trap was laid.
The discovery with him of the visiting card and photograph of Laxmipat and the photograph and addresses of Balchand was an incriminating circumstance as Ethyl Wong was companynected with Yau Mockchi on the one hand and these brothers at the other.
Many of these documents were photostated.
The originals were unfortunately returned under the orders of the Supreme Court of Hong Kong and have since been suppressed.
Discovery came, after gold was successfully smuggled on many occasions, when Yau Mockch approached one Sophia Wong of the O.A.C. line.
Her testimony was clearly that of an accomplice Although she companyld have been prosecuted, she was number arraigned and it is her testimony which has been the subject of a major part of the arguments before us.
One other person S. L. Daga was also companyvicted with them but has number appealed.
639, Regarding the specimen writing in the letter Z 217, with which, the impugned writings were companypared, we think the letter must be treated as genuine for the purpose of companyparison of handwriting.
Unfortunately, the originals were number available at the trial but only photostats of the letters.
It is also significant that Balchands photograph was demanded from Hong Kong.
Even if the originals be number forthcoming, opinions as to handwriting can be formed from the photographs.
