STATE OF MAHARASHTRA Vs. MOLLULLA PURAYIL POOKOYA THANGAL

JUDGEMENT

(1.) THIS is an appeal filed by the appellant State Government for enhancement of the sentence passed by the Chief Metropolitan Magistrate, Bombay in Criminal Case No. 18/cw/86 against the respondent.

(2.) THE learned Chief Metropolitan Magistrate convicted the respondent, on the respondent pleading guilty to the charges levelled against him, of the offences punishable under 135 (1) (a) (i) and 135 (1) (b) (i) of the Customs Act and sections of the Imports and Exports (Control) Act and sentenced him to one days simple imprisonment and to pay a fine of Rs. 25,000/- in default to undergo six months rigorous imprisonment on each of these counts, making the substantive sentence to run concurrently with usual set of.

(3.) THE respondent accused, had on 25-9-1985, illegally imported gold bars weighing 514. 4 Grams, valued at Rs. 1,09,567. 60 ps. by concealing them into Audio Cassette Tapes. The complainant, Assistant Collector of Customs intercepted respondent after he was cleared from the red channel, without making any declaration of the gold. The gold, therefore, was seized under panchanama (Exhibit P/1 ). The respondents statement came to be recorded under section 108 of the Customs Act (Exhibit P/2 ). An adjudication proceeding was held against the respondent, in which entire gold was confiscated and a penalty of Rs. 11,000/- was imposed, which the respondent had paid.