AIR 1965 SUPREME COURT 722 ::1966 MadLJ(Cri) 248 ::1965 35 Com Cas 557 ::1966 (1) SCR 123 ::1966 (1) SCJ 363 ::1967 Bom LR 583 ::(1965) 1 SCWR 430 ::1965 SCD 735

Supreme Court Of India

(From Bombay : AIR 1964 Bom 274)24th August, 1964

Hon'ble Judge(s): K. Subba Rao, N. Rajagopala Ayyangar, J. R. Mudholkar , JJJ

(A) Foreign Exchange Regulation Act (7 of 1947) , S.8(i), S.23(1A), S.24(1)— Object of Act - Mens rea not an essential ingredient of offence under S. 23 (lA) read with S. 8 (l) -Mere voluntary act of bringing gold into India without permission of Reserve Bank constitutes the offence. AIR 1964 Bom 274, Reversed. (Per Ayyangar and Mudholkar JJ., Subba Rao J. Contra) : Mens rea in the sense of actual knowledge that act done is contrary to law is not an essential ingredient of the offence under S. 8(1) read with S. 23(1A) of the Foreign Exchange Regulation Act 1947. AIR 1964 Bom 274, Reversed.(Para 15 40) (Per Ayyangar and Mudholkar JJ.) Unless the statute, either clearly or by necessary implication rules out mens rea as a constituent part of a crime an accused should not be found guilty of an offence against the criminal law unless he has got a guilty mind. Absolute liability is not to be lightly presumed but has to be clearly established. (1895) 1 QB 918 and (1946) 1 10 JP 317 and AIR 1951 SC 204 and (1889) 23 QBD 168 and 1963 AC 160, Rel. on.(Para 29) Section 8(1) of the Foreign Exchange Regulation Act, 1947 lays an absolute embargo upon persons who without the special or general permission of the Reserve Bank and after satisfying th....