State of Maharashtra v. Mohd. Yakub

Facts

The three respondents transported 43 silver ingots (about 1312 kg, worth roughly Rs. 8 lakhs) concealed in a jeep and a truck at night from Bombay to a lonely creek near Bassein. Officers intercepted them as they had begun unloading the ingots near the water, and the sound of a mechanised sea-craft engine was heard from the creek. Fifteen ingots were recovered from the jeep and twenty-four from the truck. The accused claimed ignorance of the silver, and the High Court had acquitted them on the view that their conduct amounted only to preparation.

Issues

• Whether transporting the silver to the creek and starting to unload it amounted to an 'attempt' to export contraband, or merely to 'preparation' falling short of an attempt.

Arguments

The State argued that the accused had gone well beyond preparation—deliberately moving the contraband to the point of embarkation at night and unloading it beside a waiting vessel—which manifested clear intent and acts reasonably proximate to the export. The respondents contended that no actual export had been attempted because the silver had not yet been loaded onto the sea-craft, so their acts were at most preparatory, and that they were unaware of the silver in any event.

Held

The Supreme Court allowed the appeal, set aside the acquittals and convicted the respondents under Section 135 of the Customs Act read with the Imports and Exports (Control) Act. Sarkaria, J. held that an act amounts to an attempt if it is deliberately done towards commission of the offence and is reasonably proximate to its consummation; it need not be the penultimate act. The clandestine night-time transport to a remote creek, the presence of a sea-craft and the commencement of unloading showed clear intention and acts proximate to export, leaving only the loading onto the vessel undone. Chinnappa Reddy, J., concurring, emphasised that proximity is measured by reference to intention rather than time, and the surrounding circumstances revealed the export intention with reasonable certainty.

Ratio decidendi

An attempt consists of an act, done with the intention to commit an offence and forming part of a series of acts towards its commission, which is reasonably proximate to the consummation of the offence; such act need not be the penultimate or last act. Moving contraband deliberately beyond the stage of preparation to the place of embarkation constitutes an attempt to export.

Significance

A leading authority on the line between preparation and attempt under Section 511 IPC, refining the test in Abhayanand Mishra v. State of Bihar and widely followed (e.g. Aman Kumar v. State of Haryana). The 'reasonable proximity' approach remains the governing standard; under the new code the general attempt provision is Section 62 BNS, 2023 (replacing Section 511 IPC), so the same proximity test continues to apply.

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