1971 (7) TMI 57 - HC - Customs

Summary

Issues: Conviction and sentence under Customs Act and Dangerous Drugs Act challenged in revision.

Analysis:
1. Facts of the Case: The accused, proprietors of two export businesses, were convicted for exporting opium concealed in a consignment of prawns powder. The consignment was shipped from Cochin to Hong Kong in 1963.

2. Export Process: Various witnesses testified to the export process, including issuance of bill of lading, verification of the consignment, and loading onto the ship. Customs officials also checked the consignment before shipment.

3. Seizure in Hong Kong: The consignment was seized in Hong Kong based on information received by the Detective Inspector. Opium was found concealed in 30 bags of prawns powder. Chemical analysis confirmed the presence of opium.

4. Investigation and Evidence: The investigation involved customs officers and preventive officers. Seizure of incriminating documents from the second accused's godown connected them to the crime.

5. Fictitious Party and Documentation: Evidence revealed that the consignment was sent to a fictitious party in Hong Kong. Letters and documents were produced to show the fraudulent nature of the export.

6. Seizure and Transit: The opium was found concealed within the bags before shipment from Cochin to Hong Kong. Witnesses confirmed the integrity of the consignment during transit, ruling out tampering.

7. Admissibility of Evidence: The court discussed the admissibility of photographic evidence and the proof of public documents under the Evidence Act. The evidence presented by the Detective Inspector was deemed admissible.

8. Competency of Sanction: The validity of the sanction for prosecution under the Customs Act was upheld, dismissing any challenge to its competence.

9. Concurrent Finding: Both lower courts found the accused guilty beyond a reasonable doubt. The High Court upheld the conviction and sentence, dismissing the revision petition.

Conclusion: The High Court dismissed the criminal revision petition, affirming the conviction and sentence of the accused under the Customs Act and Dangerous Drugs Act.