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Mr. Dana's form was not found to be correct, for a search of the car in which these two passengers were travelling revealed the presence of a secret chamber above the petrol tank which contained Indian currency of the value of Rs. 8,50,000/- and United States currency of the value of 10,000 dollars. As neither of the two passengers could produce the necessary permission from the Reserve Bank of India for the export of so large a sum of money from the country, the Customs officials took the currency as well as the pistol and the cartridges into possession. The documents seized in connection with this case appeared to indicate that one Moshe Baruk was a party to this conspiracy to smuggle the aforesaid currency out of India.

4. On 6-7-1957 the police produced the petitioner in the Court of the Additional District Magistrate at Amritsar under the provisions of the Indian Arms Act & on the same day the Collector of Customs presented an application under the Sea Customs Act and the Foreign Exchange Regulation Act in which he alleged that he suspected the petitioner of having conspired with Dana for endeavouring to smuggle Indian currency out of the border of the country. The Additional District Magistrate ordered the release of the petitioner on bail in a sum of Rs. 10,000/-in the case under the Indian Arms Act and a sum of Rs. 5,00,000/- in the case under the Sea Customs Act.

"Having regard to all the circumstances of the case, I find that both Sarvshri Thomas Dana and Leo Roy Frey are equally guilty of the offence. They attempted to smuggle Indian and foreign currency out of India. I hold both of them as the persons concerned in the offence committed under Section 167(8) of the Sea Customs Act, 1878. The foregoing facts prove beyond doubt that the offence was the result of a most deliberate and calculated conspiracy to smuggle the huge sum of currency out of the country. The offenders, therefore, deserved a deterrent punishment. I, therefore, impose a personal penalty of Rs. 25,00,000/- (rupees Twenty-five lacs only) each on Shri Thomas Dana and Shri Leo Roy Frey which should be paid within two months from the date of this order or such extended period as the adjudicating officer may allow".

12. The third objectionable article appears in the issue of the Tribune dated 31-7-1957. It consists of a paragraph under the fancy dress photographs of Dana and Frey who are described as smugglers and who are wearing the emblem of the crescent on their fez caps. It is contended that the trial of the petitioner is likely to be prejudiced as the Court would naturally be left with the impression, however erroneous may be, that the petitioner has sympathy with Pakistan, an enemy of India.

13. It is contended on behalf of the petitioner that the extract from the order of the Collector published by the Statesman in its issue of 26-7-1957 (1) contains statements which do not find any mention in the order of the Collector, (2) omits to mention the contention of the petitioner that he had no connection with the currency which was recovered from the car belonging to Dana, and (3) mentions in heavy type that the offence was the result of a most deliberate conspiracy to smuggle a huge amount of currency out of India and deserved a deterrent punishment. According to the petitioner this publication created the impression that the petitioner was a conspirator along with Dana to smuggle currency out of India and was calculated to obstruct and prevent the due course of law and justice, for he had no connection with the currency which was recovered and had no knowledge that it was being carried in the car belonging to Dana.