Judgment

GHULAM HASAN, J. : This appeal is brought by special leave from the judgment and order of the High Court of Judicature at Bombay. (Dixit and Chainani, J.) dated 26-7-1950, whereby the High Court allowed the appeal of the State of Bombay, setting aside the order of acquittal of the appellant passed by the Sessions Judge of Kaira dated 7-5-1949, and restoring the order of conviction and sentence of the appellant passed by the Sub-Divisional Magistrate, Nadiad Prant dated 31-12-1948.

2. The appellant Suleman Issa, who is an inhabitant of Natal in South Africa, Left Durban in August 1947 by car for India to pay a visit to his native place Sarsa in district Kaira where his sister was living with her husband Alimahmad Issak.

He was accompanied by Daud Hassan another brother-in-law and both travelled to Mombasa by car. From Mombasa, they took a boat on August 30, and reached Colombo on September 11. They flew from Colombo to Madras on September 14, but shipped the car by a steamer. They stayed in Madras until the Steamer arrived on September 20. The car was delivered to the appellant on October 1, after he had paid Rs. 2,700/- as custom duty and a cash deposit of Rs. 10,000/- by way