Court caseAIR 1965 SC 722

George, a German national, left Zurich by air for Manila with about 34 kg of gold slabs sewn into his jacket. The aircraft halted at Bombay. Under a Reserve Bank notification of 8 November 1962 transit passengers could carry gold through India only if it was declared in the aircraft manifest. George had not declared the gold. He was arrested at Bombay and convicted under s. 8(1) read with s. 23(1A) of the Foreign Exchange Regulation Act, 1947. The Bombay High Court acquitted him, holding that he could not be expected to know of the notification.

By a majority of two to one the Supreme Court restored the conviction. Ayyangar J held that the object of the Act, the protection of the national economy, and the language of s. 8(1) together excluded mens rea: the offence was complete on bringing gold into India without the required declaration, whatever the accused knew. Publication in the Official Gazette was sufficient notice to all, residents and foreigners alike; the law does not wait for actual knowledge. Subba Rao J dissented, applying the presumption in Sherras v. De Rutzen and holding that the respondent had no opportunity to know of the notification.