Introduction

• This case is an important judgement on attempt to commit offence.
• An attempt to commit a crime is an act done with intent to commit that crime and forming part of a series of acts, which would constitute its actual commission if it were not interrupted.
  • The point at which such a series of acts begins cannot be defined but depends on the circumstances of each case.

Facts

• The officers, led by Shri Wagh, received precise intelligence regarding the transportation of silver from Bombay to Bassein for illegal exportation.
• They surveyed Shirsat Naka and trailed a jeep and truck, which accused 1 and 2 respectively operated, while accused 3 served as the truck's cleaner.
  • Fifteen silver ingots were concealed in the jeep, 24 in the truck, and four were dumped near a footpath leading to the sea.
• Accused 1, providing false information upon interrogation, possessed a pistol, knife, and currency notes.
• The trial court convicted accused 1 to two years' rigorous imprisonment, a fine of Rs. 2,000, and accused 2 and 3 to six months' imprisonment with a Rs. 500 fine each.
• However, the Additional Sessions Judge acquitted them, reasoning that the actions did not amount to an 'attempt' under the law.
• The High Court affirmed the acquittal, citing insufficient evidence to establish the offense of unlawful exportation.
• Hence, appellant preferred an appeal against respondent accused.

Issue Involved

• Whether from the facts and circumstances, enumerated above, it could be inferred beyond reasonable doubt that the respondents had attempted to export the silver in contravention of law from India?

Observation

• Analysis of the circumstances revealed a clear intention by the accused to unlawfully export silver from India by sea.
  • The Court said that the accused, under cover of darkness, concealed silver ingots in vehicles and approached the seashore.
  • They began unloading the silver near a creek, accompanied by the sound of a sea-craft engine nearby, indicating the proximity to completion of the unlawful export.
• The SC said that interception by law enforcement prevented the consummation of the smuggling attempt.
• The court emphasized the gravity of smuggling in undermining public revenues, foreign exchange earnings, and the country's financial stability.
• The judgment underscored the broad interpretation of "attempt" within penal provisions to combat smuggling effectively.
• It established that acts reasonably proximate to the completion of unlawful export, indicative of intention, constituted an attempt.

Conclusion

• Consequently, the SC overturned the acquittal, convicting the accused under relevant customs and export control laws.
  • Sentences were imposed in accordance with the severity of the offence, reflecting the judiciary's commitment to upholding legal standards and preventing unlawful activities.