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TMI Blog1971 (7) TMI 57X X X X Extracts X X X X X X X X Extracts X X X X ..... oprietor of one Allied Exporters were doing business in Cochin mainly in the export of marine products, dry, frozen and canned, and the incident which led to the prosecution was with regard to their export of 314 lbs. Of opium concealed in 30 bags in a consignment of prawns powder in 147 gunny bags shipped from Cochin to Hong Kong on the 22nd March, 1963 by M.S. Lars Maersk. 3. The 1st accused, Globe Exporters, obtained Ext. P9 series bill of lading from Messrs. Harrison and Crossfield Limited, the shipping agents, Cochin, on 21-3-1963, P.W. 10 the Manager, P.W. 12, the Cargo Supervisor and P.W. 4, the Tally Clerk were the officers of Harrisons and Crossfield Limited, who issued the bill of lading and the connected documents. Ext. P6 is t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... customs officials, who examined the consignment at different stages before they were safely consigned into the ship. They verified the consignment with reference to Ext. P6, which was prepared by P.W. 2 on behalf of his principal. The prawns powder being a decentralized cargo, the test check was conducted in respect of only 2 bags by P.W. 5, the Examiner of Customs. P.W. 5 to 7 affixed their signature to Ext. P6 in token of verification and check of the consignment before they were consigned to the ship and they had also verified that these goods were consigned in tact into Hatch No. 1 of the ship. 5. After the ship left the Cochin Port, it arrived Hong Kong on 11-4-63.In the meanwhile, P.W. 20, the Detective Inspector attached to the Na ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Government. Exhibits P. 28 and P. 29 were the relevant applications for confiscation. Exhibits P. 30 and P. 31 were the court's order for confiscation of the opium. The seizure of the opium was communicated to P.W. 21, the Deputy Director of Central Intelligence Bureau. 6. The investigation in the case was conducted P.W. 19, the Preventive Officer as well as other officers of the customs department. P.W. 13 searched the godown of the 2nd accused, when the seized Ext. P1 series, Ext. P 2, Ext. P3, Ext. P4 and M.O. 1 series stencil cuts under Ext. P14 mahazar connecting the accused 1 and 2 to the crime. 7. P.W. 20 on enquiry found that the consignment in question was sent to a fictitious party in Hong Kong, though it was purported to h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nvestigation, a charge was laid against the accused 1 and 2. 8. The 1st accused stated that he had exported 147 bags of prawns powder from the Cochin Port in the Lars Maersk on 21-3-63 but, he denied having sent any opium in the consignment. The 2nd accused stated that he was the owner of the Allied Exporters and that his premises had been searched. But, he denied having committed any offence. 9. The facts set out in the case revealed that the 147 bags of prawns powder had been shipped in the Lars Maersk on 21-3-63 by the accused 1 and 2. The 1st accused admitted the export of the consignment and the 2nd accused admitted that he was the owner of the Allied Exporters. The 2nd accused was connected to the consignment through the evidence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the bags. Ex. P27 certificate by the Govt. Chemist established that it was raw opium. During the transit from Cochin to Hong Kong, there was no likelihood of any tempering with the consignment. P.W. 16, the Chief Officer of the ship stated that the cargo was safely covered with tarpauline and battered. After loading the 147 bags into Hatch No. 1 of the ship, no other cargo was taken into the ship. P.W. 16 also stated that as and when the ship arrived at the port, the cargo would be watched and that no kind of tempering was possible during transit. P.W. 20 stated that the bags were found intact and there is no sign of any tampering with the consignment. The opium packets were tied into the bags by means of strings on 4 sides before the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fficial documents and clause (6) of Section 78 provides for the proof of public documents of any other description of a foreign country. It may be noted that Section 78 is not exhaustive and proof of documents could be given if the photograph of any original was tendered as secondary evidence and if it was proved that the thing photographed was the original. In this case, there was such evidence. P.W. 20 was definite that the photographs had been taken from the original documents and as such I find that they could be admitted in evidence. 12. Another contention raised was that Ext. P7 sanction was not competent. I do not think that the contention is sustainable. The evidence of P.W. 3 was conclusive that Ext. P7 was given by the Collector ..... X X X X Extracts X X X X X X X X Extracts X X X X
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