RISHIKESH PREMNARAYAN GUPTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE revision appellants were original accused Nos. 1 to 3 in Criminal case No. 577 of 1979 in the court of the Joint Civil Judge. J. D. and J. M. F. C. Palghar, Thane district. They came to be convicted under Section 135 (1) (a) of the Customs Act, 1962 and sentenced to suffer R. I. for 6 months and to pay a fine of Rs. 500 each in default to suffer R. I. for 2 months. They were also convicted under Section 135 (1) (b) of the said Act and sentenced to undergo R. I. for 6 months and to pay a fine of Rs. 500 each and to undergo R. I. for 2 months in default of payment of fine. The substantive sentences were directed to run concurrently. The appeal preferred by them to the sessions Court bearing No. 81 of 1984 partly succeeded. The order of conviction recorded was maintained. However, the learned Sessions Judge who heard the appeal reduced the substantive sentence of R. I. from 6 months to 4 months. He maintained the order of fine and the order of R. I. in default.

(2.) AGGRIEVED by this order to conviction and sentence the petitioners approached this Court in revision.

(3.) THE facts of the case briefly stated would be as follows.