JASMAT PARSHOTTAM GANESH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The above mentioned Revision Applications have been filed by the original accused Nos. 6 4 1 5 and 2 respectively against the order passed by the learned Additional Sessions Judge Junagadh in Criminal Appeals Nos. 70 73 83 and 78/82 filed by them against the order of conviction and sentence passed by the learned Chief Judicial Magistrate Junagadh in the Criminal Case No. 52 of 1981.

(2.) The learned Chief Judicial Magistrate by his order dated 19/06/1982 in the aforesaid case had convicted the accused No. 1 2 4 5 and 6 for offence punishable under sec. 135(1)(b)(i) of the Customs Act and passed the order of seven years R.I. and a fine of Rs. 1000.00 and in default of the payment of fine to undergo further R.I. for one year against each of the accused. The learned Additional Sessions Judge after hearing the aforesaid appeals partly allowed the appeals confirming the order of conviction passed by the learned Chief Judicial Magistrate Junagadh against the aforesaid accused and modified the order of sentence as under:

(3.) The facts of the case in brief can be stated as follows: