STATE OF GUJARAT Vs. HASAM ALI SHORAT

JUDGEMENT

(1.) The State has preferred this appeal for enhancement of the sentence inflicted on the respondent Nos. 1 to 10 by the Court of the Judicial Magistrate First Class at Umbergaon under sec. 135 of the Customs Act in Criminal Case No. 204 of 1974 of his file.

(2.) Short facts of the case are that on 29th August 1974 when Customs Officers of Bulsar were patrolling the sea they sighted one vessel floating on sea at a distance of 4 to 5 miles away from the coast of village Umbergaon. The vessel resembled like an Arab Dhow from its construction and hence the Custom authorities proceeded towards in. They gave the signal to the vessel to stop but instead of stopping the vessel tried to run away. The Custom Officers however chased it and foiled its attempt to run away by intercepting it. The Custom Officers boarded the vessel and found that it was carrying about 98 800 Yards of foreign fabric valued at Rs. 22 17 233 one Television Set valued at Rs. 6000.00 and two wooden drums of chemical powder valued at Rs. 31 850 The total valuation of all these goods was Rs. 22 55 83 A panchnama dated 31-8-74 was prepared and it was found that the goods were sought to be illegally imported from Dubai into India.

(3.) On these facts respondent Nos. 1 to 10 pleaded guilty. The learned Magistrate who tried the case accepted this plea of guilty and convicted the accused persons under sec. 135 of the Customs Act. On the question of sentence the learned Magistrate has observed that the quantity of smuggled goods is a huge one and therefore no mercy could be shown to the accused. After saying this the learned Magistrate has sentenced each of the accused persons to R.1. of 1 years.