LAWS(GJH)-1986-11-8

UNION OF INDIA Vs. ABDUL SATTAR ABDUL GANI

Decided On November 11, 1986
UNION OF INDIA Appellant
V/S
ABDUL SATTAR ABDUL GANI Respondents

JUDGEMENT

(1.) The respondent, original accused No. 3 in Criminal Case No. 5499 of 1974 was charged for offence under sec. 135 of the Customs Act, 1962. It was the case of the prosecution that he stored contraband goods and acted as a broker of one Noora Kara, (i.e. original accused No. 2 who, according to the prosecution, was the owner of the goods). The contraband goods seized were of foreign fabrics and foreign made cosmetics worth Rs. 1,65,311. The respondent/accused was tried for the offence stated above along with other accused and he was ordered to be convicted for offence under sec. 135 of the Customs Act, 1962 and was sentenced to undergo R. I. for two years and to pay a fine of Rs. 3,000.00and in default of payment of fine it was further ordered that he should undergo R. I. for six months more. This judgment of conviction and sentence was passed by the learned Chief Judicial Magistrate, Jamnagar on 7/10/1978.

(2.) The respondent/accused filed Criminal Appeal No. 8 of 1979 in the Sessions Court at Jamnagar. Before the learned Sessions Judge, Jamnagar the accused did not challenge the judgment and order of conviction and requested for grant of probation under the provisions of Probation of Offenders Act. The learned Sessions Judge held that the case was fit for grant of probation under the provisions of Probation of Offenders Act, 1958 and ordered that the accused be released on probation on his executing bond of Rs. 2,000.00 with one solvent surety for the like amount with an undertaking to appear, and receive the sentence whenever called upon and to keep peace and be of good behaviour for a period of two years. This order was passed by the learned Sessions Judge on 11/01/1980.

(3.) Feeling aggrieved by the aforesaid judgment and order passed by the learned Sessions Judge, Jamnagar, the Union of India has preferred this appeal and challenged the legality and validity of the order passed by the learned Sessions Judge, Jamnagar granting probation under the provisions of Probation of Offenders Act, 1958. The learned counsel appearing for the appellant has drawn our attention to the provisions of sec. 140-A of the Customs Act, 1962. This section reads as follows