B.C.RAJAK Vs. NOURA YOUSIF HUSSAIN

JUDGEMENT

(1.) THE present appeal is filed by the State seeking enhancement of sentence imposed against the Respondent, Original accused No.1. We have heard the learned Counsel Shri Patwardhan, who has pleaded his case for enhancement of sentence as also Shri Mundargi, who appears for the accused. We find that the offence is question has taken place on 14th February, 1991. On this day, the present accused, while being in the company of her husband, who was original accused No.2, were apprehended at the Sahar Air Port. At that time the present accused was found to have put on two cloth belts tied on her waist. The same on being examined were found having contained 40 gold. The same valued at Rs.16,32,400/- as per local market value. During the course of investigation, statement under section 108 of the Customs Act was recorded. In the statement, the accused Noura Yousif Hussain admitted that she was carrying gold biscuits as carrier for a monetary consideration. According to her, she was in need of money for medical treatment of her husband.

(2.) AT the trial charge was framed both against the present accused as also her husband under section 135(1) (a), 135(1) (b) read with 135(1) (i) of the Customs Act and Sec.132 of the Customs Act and section 5 of the Imports and exports (Control) Act, 1947. As far as the present accused is concerned, he pleaded not guilty. As far as husband is concerned, nothing incrimination was found on his person. By a judgment and order dated 13th November, 1991 her husband came to be acquitted. As far as the present accused is concerned, by an order passed by the learned Addl.Chief Metropolitan Magistrate on 6th September,1991, the plea of guilt of the present accused was accepted and she was convicted for the aforesaid offence for which she was charged. As far as the sentence is concerned, the learned Magistrate noted that the accused had already suffered imprisonment for 8 months, pending investigation and trial. He accordingly proceeded to impose the sentence of rigorous imprisonment for 8 months which she had already undergone. He has further imposed a sentence of fine of Rs.15,000/- on each count namely under section 135(1) (a) read with section 135(1) (i), 135(1) (b) read with section 135(1) (i) of the Customs Act, 1962. He has imposed a further sentence of fine of Rs.10,000/- for the offence under section 5 of Imports and Export (Control) Act 1947. taking exception to the aforesaid sentences, the State has preferred an appeal for enhancement.

(3.) IN the circumstances, the order dated 6th September, 1991 passed by the learned Additional chief Metropolitan Magistrate, 3rd Court, Esplanade, Bombay in Criminal Case No.108/CW/91 convicting and sentencing the respondent original accused No.1, Mrs.Noura Yousif Hussain, is maintained and the appeal is dismissed.