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, loaded with a large quantity of mill made cloth owned by the accused Ram Singh, arrived at the customs barrier near Wagha, Rajendra Singh, another accused, who was on duty at that time as the Customs Supervisor, allowed the truck to pass through and the truck stopped near the Customs Office on the side of the Police Post. As soon as the truck stopped, Darshan Singh, who was the Deputy Superintendent in charge of the customs barrier, and Attar Singh, who was a Customs Preventive Officer at Amritsar and was then under order of transfer to some other place, went to the Police Station and asked Kulraj, the Sub-Inspector in charge of the same, to allow the lorry to pass through upto the border.

Kulraj did not accede to this request and thereupon both Darshan Singh and Attar Singh went back to the Customs tent. The truck was then unloaded and the goods were handed over to a large number of coolies who began carrying them towards the border, being followed by both Attar Singh and Ram Singh. A little later, Kailash Chandra, a Police Sub-Inspector of Amritsar who was at that time on special duty in connection with checking and detection of smuggling cases, arrived at the place on a motor bicycle and being informed by Kulraj of what had happened before, both he and Kulraj proceeded in his motor cycle towards the border and overtook the coolies who were carrying the goods. The coolies were rounded up and brought back to the border along with Attar Singh, though Ram Singh managed to slip away, Kailash Chandra made a report of the occurrence to Inder Singh, who was the head of the Special Police Establishment at Delhi dealing with smuggling cases, and after a detailed investigation, the five accused were sent up to take their trial.

The trying Magistrate convicted all of them under S. 120-B, Penal Code, read with S. 3/10, East Punjab Cotton Cloth and Yarn Order, 1947 and sentenced them to rigorous imprisonment for a period of one year each. Attar Singh was further convicted under S. 7, Essential Supplies Act and Darshan Singh under S. 8 of the said Act, and there was a sentence of one year s rigorous imprisonment and a fine of Rs. 1,000 upon each one of them under these Sections, the sentence of rigorous imprisonment to run concurrently with that on the previous charges.

3. Against this judgment there was an appeal taken by all the accused to the Court of the Sessions Judge at Amritsar. The Additional Sessions Judge, who heard the appeal, acquitted two of the accused but maintained the conviction of the other three, namely, Attar Singh, Ram Singh and Darshan Singh, though their sentences were reduced. Thereupon these three persons presented three separate revision petitions to the High Court of East Punjab at Simla which were heard and disposed of by Khosla J. sitting