RAVINDRA JANARDHAN NAIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Petitioner herein, Ravindra Janardhan Nair, has filed this Criminal Revision Application impugning the Judgment and Order dated 31-8-1988 passed by the learned Additional Sessions judge, Greater Bombay, in Criminal Appeal No. 209 of 1988, whereunder the learned Additional sessions Judge set aside the conviction of the Petitioner under Section 135 (1) (b) of the Customs act, 1962 as also the sentence passed thereunder. The learned Additional Sessions Judge, however, confirmed the conviction and sentence passed against the Petitioner under Section 135 (1) (a) of the Customs Act as also the conviction and sentence under Section 5 of the Imports and Exports (Control) Act, 1947. The learned Additional Sessions Judge, however, was pleased to reduce the sentence passed under Section 5 of the Imports and Exports (Control) Act to a period of one month's rigorous imprisonment from a sentence of six months' rigorous imprisonment imposed by the learned Additional Chief Metropolitan Magistrate, 3rd Court at esplanade, Bombay. The sentence of fine of Rs. 500/- was confirmed.

(2.) BRIEFLY stated, the facts concerning this Criminal Revision Application are that on 6-7-1984, the Petitioner arrived at the Bombay International Airport from Singapore and presented his baggage for examination at the Customs clearance counter. The Petitioner declared certain personal items of clothing. He also declared certain integrated circuits, which were used as components in electronic goods, of the value of Rs. 32,000/ -. The integrated circuits were confiscated and the Accused was placed under arrest. The Superintendent of Customs recorded the statement of the Petitioner under Section 108 of the Customs Act.

(3.) ON 25-1-1985, Respondent No. 2, the Assistant Collector of customs Bombay, filed a criminal complaint against the Petitioner in the Court of the learned Chief Metropolitan magistrate, Esplanade, Bombay, charging him with having committed offences under Section 135 (1) (a) and Section 135 (1) (b) read with Section 135 (1) (ii) of the Customs Act and Section 5 of the Imports and Exports (Control) Act, 1947. The case of the Petitioner was tried and disposed of by the learned Additional Chief Metropolitan Magistrate, 3rd Court, Esplanade, Bombay.