TMI Blog1955 (3) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... of the provisions of the Foreign Exchange Regulation Act and he was convicted on his own plea of guilty and sentenced to a fine of Rs. 1000 and ordered to undergo imprisonment for three months in default. The present appellant was arrested at Dum Dum Airport on the 12th July, 1954. The case against him, as already indicated, is that he had sent the gold that was found, in Eickhoff's cabin on the 11th of May from Hongkong to India through Eickhoff. The accused pleaded not guilty and denied any connection with the sending of the gold. 3. Direct evidence that the gold was sent by this appellant is given by Eickhoff himself. His evidence is that Watson approached him with a proposal that he should carry some gold on Watson's behalf to Calcutta in the beginning of April last and in spite of his repeated refusal persisted in his request and that finally on the 28th of April, 1954, he telephoned Watson at about 2 P.M. just to inform him that his refusal stood, but thereafter he saw Watson again at 6 P.M. and ultimately agreed to carry some 500 tolas of gold. His further evidence is that at about 10 P.M. Watson accompanied by one Peter came to his cabin, carrying between them all the go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... punishment so that the consideration that he would give false evidence in expectation of getting a lenient treatment from the authorities was not applicable. It has to be remembered, however, that before his previous trial he had made the statement mentioning the present accused as the person who had given him the gold. At the time that statement was made he was undoubtedly in grave risk himself. The fact that later in court he had made a statement substantially to the same effect, does not make him a more trustworthy witness than he was on that date. 6. It is necessary, therefore, to turn to the other evidence on the record to find out whether there is such corroboration in material particulars that it will be safe to accept his testimony as true. I am unable to discover such evidence on the record. Practically, the only evidence, worth mentioning, is the oral testimony of two persons, Bradley and Parish that on the night before the ship left Hongkong, Watson accompanied by another person came on board the "Eastern Queen". Parish is the Third Officer of the ''Eastern Queen". He ought to know exactly the date on which the ship left. It is curious therefore to see that while at th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the affirmative and offered to rouse him and actually did rouse Eickhoff by knocking at the door for a few minutes and that Watson and the other man were outside the cabin when this knocking was going on; that Eickhoff came to the door from inside the cabin and asked Watson and the other man to wait for a few minutes till he got some clothes; that after this, these three, namely, Watson, his companion and the witness went to the mess table on the deck and sat there for 2 or 3 minutes after which Eickhoff came out and accosted Watson and his companion. 9. If this witness is to be believed, he had good opportunity of seeing the two men who came to Eickhoff's cabin that night. It is interesting to notice however, that he has not disclosed for how long he knew Watson. He has said in his evidence "I know accused Watson" that does not mean that he knew him from before the 28th April, 1954. In cross examination he said: "I did not remember what he looked like. But.........him at the security control, I thought Watson was like him." This itself indicates that he was not sure about the features of the man and could not have known him from before the 28th April, 1954. 10. In assessing hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly nothing on the record to corroborate the evidence of Eickhoff. I must admit that I am I surprised to see that evidence has been put in this case of some letter heads of Alexander Watson and Co., a visiting card of the name of Alexander Watson, one document apparently to show that Watson had purchased a car valued at 1000, a passport, some photographs, a marriage certificate and sundry documents. How these can corroborate Eickhoff's evidence I have failed to discover. Mention must be made also of an entry in a diary which was seized on the 23rd of May from Eickhoff on the last page of which there is an entry, 54018, Alexander Watson. That this is the number of the accused's telephone is shown by the letter heads mentioned earlier. All that this entry shows is that Eickhoff had some reason to keep a record of Watson's telephone number and did make such a note. This, in my opinion, does not corroborate even the fact that any telephone message was sent by Eickhoff to Watson, far from corroborating any further statements made by Eickhoff. 14. Another circumstance on which reliance appears to be placed as corroborative evidence is the fact that Eickhoff knew the telegraphic addres ..... X X X X Extracts X X X X X X X X Extracts X X X X
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