- (1.) This revisional application raises an important question of law.
(2.) Bharat Shivji Sethia and Madhusudhan Deb Chand Sethia, the two petitioners before us, were tried before a learned Metropolitan Magistrate on the following charges: Madhusudhan Deb Chand Sethia. That you on or about dated 15-12-1959 contravened the condition of the Customs Clearance Permit and the Bond and purchased or otherwise acquired from Sri Nicholas Nesekar the said Daimler Benz Mercedes Car bearing Registration No. WBE 5973 and the terms and conditions of the said Customs Clearance Permit as well as of the Bond were known to you from before and thereby committed an offence punishable under Sections 5 of the Imports and Exports (Control) Act, 1947 and within my cognizance. Bharat Shivji Sethia. That you on or about dated 15-12-1959 contravened the condition of the Customs Clearance Permit and the Bond and purchased or otherwise acquired from Sri Nicholas Nesekar the said Daimler Benz Mercedes Car bearing Registration No. WBE 5973 and the terms and conditions of the said Customs Clearance Permit as well as of the Bond were known to you from before and thereby committed an offence punishable under Sections 5 of the Imports and Exports (Control) Act, 1947 and within my congnizance. Madhusudhan Deb Chand Sethia and Bharat Shivji Sethia That you on or about December, 1959 and onward at Calcutta agreed with Nicholas Nesekar and others to do an illegal act, to wit, to contravene the conditions of Customs Clearance Permit No. 0988383/57/CCP/HQ/MQQ dated 2-1-1959 executed by Nicholas Nesekar and to purchase the Daimler Benz Mercedes Motor Car, bearing Registration No. WBE 5973 and imported by Nicholas Nesekar, by illegal means, viz., by advancing Rs. 33,000 as the consideration of the said car and made correspondence in the name of Nicholas Nesekar, even after his departure on 20-12-1959 from India for redemption by the said bond, executed by Sri Nesekar and ossessed the car in violation of the terms and conditions of the bond, which were known to you and thereby committed an offence punishable under Sections 120B, IPC, read with Sections 5 of the Imports and Exports (Control) Act and within my cognizance.
(3.) On conclusion of the trial they were convicted of both the charges. For their conviction under Sections 5 of the Imports and Exports (Control) Act, 1947 ("Act" for short), each of them was sentenced to rigorous imprisonment for one year and to a fine of Rs. 2,000, in default to rigorous imprisonment for three months more, while for their conviction under Sections 120B, Indian Penal Code, read with Sections 5 of the Act, each of them was sentenced to rigorous imprisonment for six months and to a fine of Rs. 2,000, in default to rigorous imprisonment for two months more, the sentences running concurrently. The learned Magistrate also passed an order for confiscation of the car to the Government.;