State of Maharashtra v. MH George,1965 SCR (1) 123
Facts:
In this case, a German dealer was traveling from Zurich to Manila via Bombay with 34 kilos of gold covered on his person. The Indian Government had regulations in place under the Foreign Exchange Regulation Act, stating that gold could not be brought into or sent out of India without permission from the Reserve Bank of India (RBI). However, there was a general permission granted by the RBI for the transit of gold intended for destinations outside of India.
On November 8, 1962, the RBI issued a new notification with additional restrictions on the transit of gold, requiring it to be declared in the manifest as "same bottom cargo" or "transhipment cargo." When the respondent's plane reached Bombay, he did not disembark. Customs authorities checked the manifest but found no entry related to gold dispatch by any traveller. They then searched the plane, found the gold on the respondent, and seized it.
The respondent was charged with offenses under the Foreign Exchange Regulation Act and the Sea Customs Act, based on the RBI notification. Initially, the Magistrate sentenced the respondent, but the High Court later acquitted him. The state has now appealed to the Supreme Court to reinstate the conviction.
Issues:
Is mens rea an essential element in establishing an offense under section 23(1A) of the Foreign Exchange Regulation Act?
Does the respondent bear liability for bringing gold into India under sections 8(1) and 23(1A) of the Foreign Exchange Regulation Act (7 of 1947), which was published in the Gazette of India on November 24, 1962?
Decision:
The Court ruled that mens rea, or a specific mental state, is not required to establish an offense under section 23(1A) of the Foreign Exchange Regulation Act. The Court emphasized that the Act's objective is to prevent smuggling, and imposing a knowledge requirement would frustrate this purpose. Therefore, the plain language of section 8(1) read with section 24(1) of the Act establishes an absolute prohibition on bringing gold into India without permission. The Court also held that the publication of notifications in the Official Gazette serves as sufficient notice, regardless of the accused's knowledge. The Court further clarified that remaining on an aircraft without disembarking does not absolve the accused of liability if they carried gold, as the act of bringing the gold into India is deemed to have occurred. Ultimately, the Court concluded that the accused was guilty of contravening the Act, and the conviction was restored.
Attend A Demo Class?
+91 99714 44054
info@manulawclasses.com
About Mr. Naresh Sharma
General Knowledge
Mr. Naresh Sharma, EX. Guest Faculty VISION IAS, Examiner at DRISHTI IAS, Ex. Faculty Pinnacle, is a passionate educator and mentor with special interest in Current Affairs and General Knowledge. He has taught to the UPSC, State PSC, SSC and various other aspirants for more than 4 years. He has been a Sub. Officer in Government of India, himself written UPSC Civil Services (Mains), UPPSC (Mains), UP RO/ARO (Mains), Faced interview of CDS-UPSC, qualified other exams like NTPC, RO/ARO of Allahabad High Court and so on. He has also Qualified UGC-NET for Assistant Professor Political Science and International Relations, and also Qualified CUET-PG- LLB Delhi University. He has also authored two books and Multiple Research Papers, have also worked as Ghost Writer. He has a natural way of teaching by making the complex concepts into easy one that is loved by students. He has special talent to relate the concepts with real life examples to promote and develop the curiosity and interests among the students.
+91 99714 44054
info@manulawclasses.com
About Brijesh Kumar
English Language
An energetic and goal-driven instructor who is dedicated to help each and every student reach his or her full potential, regardless of academic capabilities or challenges. Brijesh Kumar, B.A, LL. B, LLM (Gold Medalist), having a vast experience of teaching English. He has been teaching English to CLAT, SCC, Banking, CUET and other competitive exams aspirants for more than 8 years.
+91 99714 44054
info@manulawclasses.com
About Rahul Yadav
Logical Reasoning
Rahul Sir with over a decade of dedicated expertise in teaching mental aptitude tests, our instructors bring a profound understanding of CUET-UG/PG formats, horning the skills of countless students for success. His commitment to excellence is evident through their comprehensive knowledge of mental aptitude testing methodologies and their ability to impart this wisdom effectively. These seasoned educators not only guide students through the intricacies of examinations but also inspire confidence
+91 99714 44054
info@manulawclasses.com
About Dinesh Kumar
Legal Aptitude
Dinesh Kumar is currently serving as the Head of Academics at Manu Law Classes Pvt. Ltd. He completed his legal education L.L.B, LL.M (Faculty of Law Delhi University), and has qualified N.E.T (National Eligibility Test) four times. He also qualified Civil Services Mains twice and made it to the interview round. Apart from authoring four books in law on the subjects – The Constitution of India, Indian Penal Code, Contract, & Law of Tort, he has also authored various research papers, published in National & International journals.
His previous past experience involves serving as a faculty for Law at Campus Law Centre (Faculty of Law) University of Delhi & Jamia Milia Islamia that is a Central University. In his personal capacity till date has has trained 2000+ Students in Civil services and judiciary and legal entrance examinations such as CLAT, AILET, CUET etc.
Winners' Dashboard
Demo Classes
+91 99714 44054
info@manulawclasses.com
