DEVCHAND KALYAN TANDEL JAYANTILAL GOVINDJI GHOTDA Vs. STATE OF GUJARAT:SUPERINTENDENT OF CUSTOMS LEGAL

JUDGEMENT

(1.) Leave granted.

(2.) Both these appeals arise out of the same judgment of the Additional Chief Judicial Magistrate, Valsad dated 7th of May, 1982 in Criminal Case No. 60 of 1980 and therefore heard together and are being disposed of by this common judgment.

(3.) On the basis of a complaint filed by the customs authorities both these appellants stood charged of having committed the offences under Section 135 (1) (a) of the Customs Act (hereinafter referred to as the Act') on the allegation that on the date of occurrence they were found to be carrying silver without any transport voucher within the specified area which is duly notified under Section 11-K of the Act. The appellants denied their complicity and pleaded not guilty. The learned Additional Chief Judicial Magistrate convicted the appellants under Section 135 of the Act and sentenced them to undergo six months rigorous imprisonment and to pay a fine of Rs. 4,000/-, in default, to undergo further rigorous imprisonment of three months. Against the aforesaid conviction and sentence of the learned Additional Chief Judicial Magistrate the appellants preferred appeals to the Court of Sections and the State also preferred appeal for enhancement of sentence in the High Court. The customs authorities who were the complainant also invoked the revisional jurisdiction of the High Court being aggrieved by the inadequacy of the sentence. After admission of the State's appeal in the High Court, the appeals preferred by the accused-appellants were ordered to be transferred and accordingly all the appeals and revision were heard together and were disposed of by common judgment. The High Court dismissed the appeals filed by the accused-appellants and allowed the State's appeal and enhanced the sentence of rigorous imprisonment to two years and fine of Rs. 4,000/- so far as accused No. 2 is concerned and enhanced the sentence of rigorous imprisonment for two years and fine of Rs. 40,000/- and in default further rigorous imprisonment for three months so far as accused No. 3 is concerned. Thus the present appeals by special leave.