STATE OF MAHARASHTRA Vs. PRAKASH PUKHARAJ SHAH

JUDGEMENT

(1.) THIS appeal has been preferred by the State of Maharashtra under section 377 of Cr.P.C. with a prayer that the sentence of the appellant under section 135(1) (a) and 135 (1)(b) both r/w section 135 (1)(ii) of the Customs Act and under section 8(1) r/w 8(6) and under section 85(1) (ii) and (iii) r/w 85(1) (b) of Gold (Control) Act be enhanced. It appears that the Additional Chief Metropolitan Magistrate who found the respondent guilty of the said offences, awarded him a sentence of one day S.I.and a fine of Rs.5000/- in default R.I. for 2 months for the said offences under the Customs Act and a sentence of 1 day S.I. and "a fine of Rs.10,000/- in default R.I. for 3 months for the said offences, under the Gold (Control) Act.

(2.) THE prosecution case in brief is that on 12-12-1978, Customs Officers V.V.Vakatkar PW 1 and C.K.Sajnani, PW 3, on the search of the respondent recovered from his person a packet containing 9 gold bars of foreign origin, each bar weighing 100 gms at C.P.Tank Junction, Bombay. The usual recovery pancha-nama was made and after investigation the respondent was charge-sheeted for offences for which he has been found guilty.

(3.) MR .R.P.Behere, learned counsel for the appellant strenuously urged that looking to the circumstance that value of the recovered gold was Rs.72.000/-, the sentence awarded to the respondent is shockingly inadequate and merits to be enhanced. On the other hand, Mr. A.G. Sabnis, learned counsel for the respondent urged that the question of sentence is a question of discretion of the sentencing Court and in-as-much as this is not one of those cases where the sentence awarded to the respondent was below the mandatory sentence prescribed by law, it would not be appropriate for this Court to accede to the request of the appellant's coun-sel and that too after a period of 18 years; more particularly so because at the time of the incident, the respondent was aged about 18 years.