MOHAMMAD AKHTAR HUSSAIN ALIAS IBRAHIM AHMBD BHATTI Vs. ASSISTANT COLLECTOR OF CUSTOMS PREVENTION AHMEDABAD

JUDGEMENT

(1.) We grant Special leave and proceed to dispose of the appeal.

(2.) The appeal arises from a judgment of the Gujarat High Court dated 20 July, 1987 in Criminal - Appeals Nos. 260/1987, 105/1987 and 444/1987. It raises a short but not very easy point for determination. The point relates to sentencing practice as to concurrent or consecutive sentences.

(3.) The essential facts can be stated in summary form as follows:Appellant - Mohd. Akhtar Hussain alias Ibrahim Ahmad Bhatti is a Pakistani national. On 15 April, 1982, the gold 7000 tolas of foreign mark of the value of Rs. 1.4 crores was seized from his possession at Ahmedabad. Later he was arrested. On 23 September, a case was filed in the Court of Chief Metropolitan Magistrate, Ahmedabad in CC No. 1674 of 1982. He was charged under S. 85(1)(ii) of the Gold (Control) Act, 1968. He pleaded guilty to the charge. On 11 January, 1984 he was convicted and sentenced to imprisonment for 7 years and fine of Rs. 10 lakhs. It is the maximum punishment prescribed under the Gold (Control) Act. Upon appeal. the Bombay High Court confirmed that sentence but reduced the fine to Rs. 5 lakhs. The special leave petition filed by the appellant was dismissed by this Court. That conviction and sentence became final.