Judgement

HIDAYATULLAH, J .:- The appellant Haroom is the sole appellant from a batch of 18 persons who were tried jointly before the Chief Presidency Magistrate, Esplanade Court, Bombay for offences under S. 120-B of the Indian Penal Code read with Section 167(81) of the Sea Customs Act and certain offences under the Foreign Exchange Regulations Act, 1947. Of these, No. 17 accused (Saleh Mohamed Bhaya) was discharged by the Magistrate, No. 1 accused (Govind Narain Bengali) died after the conclusion of the case but before judgment in the Court of trial and No. 4 accused (Noor Mohammad) jumped bail just before the same judgment. The case against Bengali was held to have abated and that against Noor Mohammad was kept pending. Nos. 11, 12, 13 and 16 accused were acquitted. Of the remaining accused who were convicted, Haroom alone is before us. His appeal to the High Court of Bombay was dismissed but he obtained special leave under Art. 136 of the Constitution and brought this appeal.

2. As this appeal is to be considered on a question of law, it is not necessary to give the facts in detail. The several accused (and many others unknown) were said to be concerned in a criminal conspiracy