Judgment

MUKHERJEA J.: The facts giving rise to these two connected appeals may be briefly narrated as follows: Darshan Singh, the appellant in Case No. 11, and Attar Singh, who is the appellant in Case No. 12, along with three other persons were tried by the Special Magistrate, Ambala, East Punjab, on charges under S. 120-B, Penal Code, read with S. 3/10, East Punjab Cotton Cloth and Yarn (Regulation of Movement) Order, 1947 and S. 7, Essential Supplies Act, 1946. There was a further charge under S. 8, Essential Supplies Act against three of these accused, Darshan Singh being one of them.

2. The allegation against all the accused, in substance, was that they conspired to export 76 bags of mill-made cloth to Pakistan without a permit, by smuggling them through the customs barrier near Wagha, on the morning of 26th May 1948. Wagha is about 18 miles from Amritsar; and at a distance of nearly half a mile from this place lies the actual Indo-Pakistan border. Between the customs barrier and the border there is a small Police Post and almost opposite the Police Post is the Customs Office which is located in a tent. The prosecution case is that at about 7 A.M. on 26th May 1948, a truck, loa