ORDER :- The petitioner was convicted by the Additional District Magistrate, Manipur, under Sec. 7 (3) of the Land Customs Act, 1924 and under S. 5 of the Imports and Exports (Control) Act, 1947 and sentenced to 3 months R. 1. and 6 months R. 1. respectively. On appeal to the Sessions Judge, his conviction and sentence under section 5 of the Imports and Exports Act, were set aside, but the conviction and sentence under Sec. 7 (3) of the Land Customs Act were maintained by the Sessions Judge. Against that the petitioner has come up in revision.

2. The facts are beyond dispute. On 26-10-1957, the petitioner, who was a Calcutta bound passenger from Imphal was attempting to take a suit-case in the Plane without it being registered or checked by the Customs Officer. It was detected by the Customs Inspector - Sri N. C. Banerji at the Koirengei Airport when it was seen without any label under the postal mail, which was ready for despatch by the plane. When questioned by the Customs Inspector, the petitioner admitted his ownership of the baggage and when he was asked to open it for inspection he at first refused to open it, but ultimately it was opened and 405 Parker 51 pencils made in Engl

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