STATE OF MAHARASHTRA Vs. KANTILAL JAWANTRAJ JAIN

JUDGEMENT

(1.) THIS criminal appeal is filed by the State for enhancement of the sentence awarded by the addl. Chief Metropolitan Magistrate, 32nd Court, Esplanade, Bombay, by his judgment and order dated 23rd December, 1982, in Criminal Case No. 38/cw/1981. The present respondent who was original accused No. 1 along with another were prosecuted under Sections 135 (1) (a)and 135 (1) (b) read with Section 135 (1) (i) of the Customs Act and Section 85 of the Gold (Control) Act, on the allegation that the Revenue Intelligence Authorities intercepted the respondent - original accused No. 1 while he was carrying a brief case accompanied by original accused No. 2 on 14th April, 1978, near the staircase of Building at 194, Shaikh Memon Street, bombay - 400 002. In the search it was found that the said brief case contained 50 golds biscuits. Accordingly, both the accused persons were prosecuted for the various offences mentioned above.

(2.) THE trial Magistrate discharged accused No. 2, but convicted the present respondent, original accused No. 1 under the aforesaid sections and sentenced him to suffer R. I. for nine months and to pay a fine of Rs. 7,500/-, in default to suffer two months R. I. on each count. Against the said sentence the State has preferred the present appeal for the enhancement of the sentence.

(3.) MR. Lambey, the learned Counsel, appearing on behalf of the State strenuously contended that the sentence awarded by the trial court is inadequate and the same is less than the minimum sentence prescribed under Section 135 (3) of the Customs Act, 1962. Sub-section (3) of Section 135 of the Customs Act, 1962, runs thus :