ORDER

BY THE COURT - (8th May, 1964) - By majority, the appeal is allowed and the conviction of the respondent is restored; but the sentence imposed on him is reduced to the period already undergone. The respondent shall forthwith be released and the bail bond, if any, cancelled. Reasons will be given in due course.

JUDGMENT

SUBBA RAO,J.:

I regret my inability to agree. This appeal raises the question of the scope of the ban imposed by the Central government and the Central Board of Revenue in exercise of the powers conferred on them under Section 8 of the Foreign Exchange Regulation Act 1947 (VII of 1947), hereinafter called the Act, against persons transporting prohibited articles through India.

2. In exercise of the powers conferred under S. 8 of the Act the Government of India issued on August 25, 1948 a notification that gold and gold articles, among others, should not be brought into India or sent to India except with the general or special permission of the Reserve Bank of India. On the same date the Reserve Bank of India issued a notification giving a general permission for bringing or sending any such gold provided it was on through transit to a place outside India. On November