Insufficient evidence of knowledge or conspiracy defeated penalty against shipping agents in alleged narcotics export smuggling.

Penalty against shipping agents and their partners for alleged conspiracy in the export of narcotics could not be sustained where the record did not show that they physically handled the consignments, knew of the concealed mandrex tablets, or conspired with the exporter. The materials on record were insufficient to connect them with the attempted smuggling, and the finding of involvement lacked evidentiary support. On that basis, the imposed penalty was held unsustainable.

---

---

Issues: Whether penalty could be sustained against the shipping agents and their partners for alleged conspiracy in the export of narcotics and for knowledge of the contents of the export consignment.

Analysis: The record did not show that the appellants had physically handled the consignments from which narcotics were recovered. The evidence also did not establish that they knew of the concealed mandrex tablets or that they had conspired with the exporter. The materials on record were insufficient to connect them with the attempted smuggling, and the finding of involvement could not be sustained on the available evidence.

Conclusion: The penalty imposed on the appellants was not sustainable.

---