Judgement

HIDAYATULLAH, J.: - The appellants who are three brothers appeal by certificate against their conviction under S. 120-B of the Indian Penal Code and S. 167 (81) of the Sea Customs Act and the sentences of imprisonment and fine respectively imposed on them. A fourth brother had filed Criminal Appeal No 55 of 1964 but did not press it at the hearing. One other person (S. L. Daga) was also convicted with them but has not appealed. These persons were found to have entered into a criminal conspiracy among themselves and with others including one Yau Mockchi, a Chinese citizen in Hong Kong, to smuggle gold into India. The method adopted was to insert strips of gold (about 250 tolas) under the lining of the lid of a suitcase, which could be retrieved by unscrewing the metal corner supports and pulling on strings attached to the strips. The suitcases were brought into India by air stewardesses, and Ethyl Wong (P. W. 1), an anglo-chinese girl employed by Air India, was one of them. Discovery came, after gold was successfully smuggled on many occasions, when Yau Mockchi approached one Sophia Wong of the B. O. A. C., line. She was engaged to a police officer and informed her superior