Judgment

RAY, J. :- Crl. A. Nos. 644-45/87 and Crl. A. Nos. 642-43/87

These appeals by special leave are against the judgment and order dated 24th April, 1987 passed by the High Court of Bombay dismissing criminal appeal No. 636 of 1986 filed by masters of two trawlers against their conviction and sentence and allowing appeal No. 496 of 1986 filed by Commander S. D. Baijal against the acquittal of accused Nos. 3 and 4, i.e. the charterer company and its Managing Director and also releasing the trawlers. The High Court convicted the accused Nos. 3 and 4 for contravention of sub-section (6) of section 5 of the Maritime Zones of India Act, 1981 read with section 7 thereof and rule 16 of Maritime Zones of India Rules, 1982. The High Court also ordered confiscation of the two trawlers and to vest the same in favour of Central Government under section 13 of the Maritime Zones of India Act.

2. The trawlers in questions which are foreign vessels are chartered by respondents Nos. 4 and 5 of this appeal for the purpose of fishing in Maritime Zone of India after obtaining permit under section 5 of Maritime Zones of India Act in short M.Z.I. Act. These two trawlers along with three other pairs of