State of Maharashtra vs MH George
AIR 1965 SC 722
Case Summary
[Mens Rea]
Facts
Mayer Hans George, a German national, was caught smuggling 34 kilograms of gold on 28th November 1962 while transiting through Bombay on a flight from Zurich to Manila.
The gold was concealed on his person, and no declaration of the gold was made in the aircraft's manifest.
Customs officials boarded the plane, conducted a search, and seized the gold.
George was charged under Sections 8(1) and 23(1-A) of the Foreign Exchange Regulation Act, 1947, along with a Reserve Bank of India (RBI) notification dated 8th November 1962.
Issues
Whether mens rea (intention or knowledge of wrongdoing) is an essential ingredient for the offense under Section 8(1) of the Foreign Exchange Regulation Act, 1947.
Whether ignorance of the RBI notification exempts the accused from liability.
Whether gold carried personally by the accused constitutes "cargo" requiring declaration in the aircraft's manifest under the notification.
Judgement
It was held that mens rea is not required. The offense under Section 23(1-A) was one of strict liability. The purpose of the Act—to prevent smuggling—would be undermined if mens rea were required. Furthermore, the notification was validly published. Publication in the Gazette of India suffices as proper notification. Ignorance of the notification, especially by a foreigner, does not exempt them from liability.
Gold was held not to be personal luggage. The gold concealed on Mayer's person could not be considered "personal luggage" and thus was subject to the notification. Therefore, the conviction was reinstated by the Supreme Court.
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