JUDGEMENT :- The appellants in both these appeals, Daniel Hailey Walcott and Jean Claude Donze were separately tried on various charges by the Sessions Judge, Madras. I propose to deal with these appeals in this judgement; but separately, as the points raised in both the appeals are the same though the facts are slightly different.

2. C. A. 810 of 1966. The appellant Daniel Hailey Walcott was charged under ten counts, of which he was convicted on counts Nos. 1 and 3 to 10 and was sentenced to various terms of imprisonment, the maximum being R. I., for five years, the sentences to run concurrently by the Sessions Judge, Madras.

3. The facts of the case which are almost admitted are briefly as follows; the appellant is a national of the United States of America. He landed at Meenambakkam Aerodrome, Madras, at about 6-30 P.M. on 31-12-1985 from Air Ceylon Flight A. E. 207 from Colombo with the British passport in the name of one B. P. C. Comyn, a British subject. It appears that he had visited this country on prior occasions. A brief history of those visits may be necessary to be noted for appreciating one of the charges under which he had been convicted.

4. On 15-1-1962, the appellant landed at Santa Cruz Aerodrome, Bombay, with a passport describing himself as Daniel Hailey Walcott a United States National. On 23-1-1962, he left for London. It appears, during that visit, before he left the country he represented to the officials of Air India, New Delhi, that he was the President of the Trans Atlantic Airlines Ltd. and in that capacity negotiated with them in respect of charter flights for transport of goods between India and Afghanistan, and subsequently an agreement was entered into between the appellant describing himself as Daniel Hailey Walcott and Air India in relation to charter flights. In pursuance of the agreement the appellant employed on Shri Nurcharan (P.W. 10) as an aircraft mechanic between February and September 1962.

5. The appellant came back to India and landed at Palam Airport, New Delhi, on 8-3-1962, describing himself as Daniel Hailey Walcott, Jr. with a residential permit valid till 25-4-1962. From 13-4-1962, for about 5 or 6 months, the appellant stayed with his wife in the Ashoka Hotel, New Delhi, registering himself as Daniel Hailey Walcott, a United States National. While he was staying in Ashoka Hotel, the Delhi Police registered a case against him under the Indian Arms Act and filed charge-sheet before the Sub Divisional Magistrate, New Delhi. In connection with that case, the appellant was detained in the Central jail, New Delhi, from 25-9-1962 to 1-12-1962. He was subsequently released on bail and he left India. The Assistant Collector of Customs, New Delhi, filed a complaint on 22-2-1963 against the appellant under the Sea Customs Act, and the Import and Export Control Act of 1947. On 24-2-1963, the appellant landed at the Palam Airport and left India on 2-3-1963 and he returned in April to New Delhi. The appellant was convicted by the Sub Divisional Magistrate, New Delhi, on the complaint given by the Assistant Collector of Customs and sentenced to R. I., for six months and to pay a fine of Rs. 2000. He was detained in the Central Jail from 23-8-1963 till 11-9-1963 when he was released by the order of the appellate Court which reduced the sentence to the period already undergone and increased the fine amount. On 23-9-1963, he left New Delhi. After he left, it appears that the Delhi Police registered another complaint against him and obtained a non-bailable warrant to arrest the appellant. As the appellant absconded from this country, a proclamation was issued on 20-10-1964 declaring the appellant as a proclaimed offender. Another case was subsequently registered under the provisions of the Foreigner's Registration Act and the Defence of India Act suspecting the appellant as one of the aliens who entered this country by using a forged passport. A warrant was issued by the Additional Chief Presidency

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