STATE OF GUJARAT Vs. LAXMAN JIVAN

JUDGEMENT

(1.) The State has preferred this appeal for enhancement of sentence imposed by the learned J.M.F.C. at Umbergaon for the offence under sec. 135 of the Customs Act 1962 which is hereinafter referred to as the Act on the respondents who were accused Nos. 3 to 12 before the learned Magistrate in Criminal Case No. 2005/74. The learned Magistrate has sentenced each of the respondents-accused to suffer R.I. of 6 months which is the minimum penalty provided for such offences.

(2.) Short facts of the case are that on some information the Customs Officers Bhavnagar were patrolling the sea from 1-5-74 onwards. On 4 they noticed one mechanised vessel suspiciously moving in the sea near Umbergaon coast. The said vessel was given flag signals but it did not stop and therefore the customs officers were required to open fire in the air. The vessel was ultimately intercepted on that day. That vessel was bearing the name Gita Prasad. On search of the vessel goods worth Rs. 1 10 0 consisting of foreign fabrics alongwith one T. V. set were recovered and seized The case of the prosecution is that the accused persons wanted to smuggle these goods into India. Further inquiry was made by the customs officers and during the course of this inquiry the accused persons gave their statements found at. ex. 36 to 48. The respondents who were accused No. 3 to 12 admitted that they were carrying contraband goods having imported them from Dubai port from Persian gulf. It was further found from these statements that they had in fact imported about 40 packages out of which 28 packages of foreign goods were unloaded on the sea coast opposite Janjira. The rest of the packages were being carried by the accused persons to village Kalai in India on evidence which was offered by the prosecution the learned Magistrate held that the case against all the persons was proved beyond doubt. The learned Magistrate however acquitted accused Nos. 1 and 2 and convicted the present respondents for the offence contemplated by sec. 135 of the Act and as stated above sentenced each of them to suffer R.I. for 6 months.

(3.) While recording the sentence the learned Magistrate has observed as under in para 5 of his Judgement: Accused are charged of having smuggled goods worth more than one lac. The minimum sentence prescribed for offence U/s. 135 of the Customs Act is 6 months. Accused Nos. 4 to 12 are mere crew members and they have nothing to do with the ownership of these goods. Accused No. 3 as tindel is also concerned with the tranSport of those goods. Because of this I do not think it to be a fit case where less than the minimum sentence should be given and hence the order-