DARSHAN SINGH BALWANT SINGH THE UNION OF INDIA INTERVENER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The facts giving rise to these two connected appeals may be briefly narrated as follows: Darshan Singh, the appellant in Case No. 11, and Attar Singh, who is the appellant in Case No. 12, along with three other persons were tried by the Special Magistrate, Ambala, East Punjab, on charges under S. 120-B, Penal Code, read with S. 3/10, East Punjab Cotton Cloth and Yarn (Regulation of Movement) Order, 1947 and S. 7, Essential Supplies Act, 1946. There was a further charge under S. 8, Essential Supplies Act against three of these accused, Darshan Singh being one of them.

(2.) The allegation against all the accused, in substance, was that they conspired to export 76 bags of mill-made cloth to Pakistan without a permit, by smuggling them through the customs barrier near Wagha, on the morning of 26th May 1948. Wagha is about 18 miles from Amritsar; and at a distance of nearly half a mile from this place lies the actual Indo-Pakistan border. Between the customs barrier and the border there is a small Police Post and almost opposite the Police Post is the Customs Office which is located in a tent. The prosecution case is that at about 7 A.M. on 26th May 1948, a truck, loaded with a large quantity of mill made cloth owned by the accused Ram Singh, arrived at the customs barrier near Wagha, Rajendra Singh, another accused, who was on duty at that time as the Customs Supervisor, allowed the truck to pass through and the truck stopped near the Customs Office on the side of the Police Post. As soon as the truck stopped, Darshan Singh, who was the Deputy Superintendent in charge of the customs barrier, and Attar Singh, who was a Customs Preventive Officer at Amritsar and was then under order of transfer to some other place, went to the Police Station and asked Kulraj, the Sub-Inspector in charge of the same, to allow the lorry to pass through upto the border.

(3.) Against this judgment there was an appeal taken by all the accused to the Court of the Sessions Judge at Amritsar. The Additional Sessions Judge, who heard the appeal, acquitted two of the accused but maintained the conviction of the other three, namely, Attar Singh, Ram Singh and Darshan Singh, though their sentences were reduced. Thereupon these three persons presented three separate revision petitions to the High Court of East Punjab at Simla which were heard and disposed of by Khosla J. sitting singly. The learned Judge dismissed the revision petitions but granted a certificate under Art. 132 of the Constitution on the ground that the cases involved a substantial question of law as to the interpretation of the Constitution. It is on the strength of this certificate that these two appeals have come before us, one being filed by Darshan Singh and the other by Attar Singh. No appeal has been preferred by the accused Ram Singh.