RAMESH KUMAR GUPTA V. REPUBLIC

JUDGMENT

The appellant was charged before a senior resident magistrate at Nairobi with the following offence:

“Being in possession of uncustomed goods contrary to section 185(d)(iii) of the Customs and Excise Act, cap 472 Laws of Kenya.

Particulars

Ramesh Kumar Gupta: Between May 1, 1981 and July 1, 1981 at Industrial Area Nairobi, within Nairobi Area, had in his possession 1,030 cartons of whisky which he knew or ought reasonably to have known to be uncustomed.”

The appellant pleaded not guilty, but was convicted after a long and careful trial and sentenced to two years’ imprisonment. He appealed to the High Court (Cockar J and Porter Ag J) but his appeal was dismissed. He has brought a second appeal to this court, where he was represented by Mr Sharma.

On the concurrent findings of fact arrived at in both courts below, 1,030 cartons of Scotch whisky, part of a consignment imported through Mombasa in April 1981, were discovered on July 1, 1981 in a godown or warehouse used by the appellant…