LEELA DAULATRAM UTTAMCHANDANI Vs. ASSISTANT COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) The Petitioner herein Leela Daulatram Uttamchandani has filed this Criminal Revision Application impugning the Order passed by the learned Chief Metropolitan Magistrate, Bombay, dated 4-10-1983 where under the Petitioner was called upon to furnish an additional security of Rs. 50,000/- with a surety or in cash. The Petitioner was permitted to withdraw the amount of fine of Rs. 82,000/- on furnishing such security or bond.

(2.) A few facts may briefly be stated at this stage: - On 12th January 1981 the Petitioner herein, who will hereinafter be referred to as the Accused, arrived at the Sahar Airport from Manila. On a search of her person and baggage certain jewellery was discovered. Some pieces of jewellery and gold were found concealed in the false bottom of one of her suitcases. The Accused was arrested and was released on bail of Rs. 50,000/-. Her passport was impounded by the Customs Authorities. Thereafter she was placed on trial before the learned Chief Metropolitan Magistrate.

(3.) The learned Chief Metropolitan Magistrate by his Judgment and Order dated 15th May, 1981 found the Accused guilty of the offences under section 135(1)(a)(ii) and section 135(l)(b)(ii) of the Customs Act, and section 5 of the Tm ports and Exports (Control) Act. The Accused was sentenced to suffer imprisonment till the rising of the Court and to pay a fine of Rs. 40,000/- on each count under the Customs Act and was further sentenced under the Tmports and Exports (Control) Act to pay a fine of Rs. 42,000/-. Thus the aggregate fine imposed on the Accused was Rs. 82,000/-. The Accused suffered one dayTs simple imprisonment as also paid the fine of Rs. 82,0001-.