STATE OF MAHARASHTRA Vs. LAXMICHAND VARHOMAL CHUGANI

JUDGEMENT

(1.) THIS is an appeal by the State for enhancement of sentence, The accused has been convicted Under Section 135 (ii) read with Section 135-A of the Customs Act.

(2.) THE room of the accused was raided on 14-12-1970 when he was found in possession of 173 bars of silver weighing 146. 765 Kgs. valued at Rs. 81,455. He was therefore charged for having offended the provisions of Sections 11 (2) (j), (k) and (J) of the Customs Act 1962 thereby committing an offence punishable Under Section 135 (ii) read with Section 135-A of the said Act. At the trial the accused pleaded guilty to the charge and the learned Magistrate acted upon the plea and convicted him. However, it was pleaded before the Magistrate that the accused was a poor broker and had no proprietary interest in the silver and therefore mercy should be shown to him. For the brokerage which was a pretence, he had the temptation to act in the manner in which he did and by the very fact that he is prosecuted, this poor man is ruined. It was also argued on behalf of the prosecution before the Magistrate that the silver was meant for being exported to Bul-sar from which it could be inferred that the intention was obviously to illegally export outside India. It was also pointed out to the Magistrate that smuggler exports silver and import gold and other luxury articles and therefore serious view should be taken.

(3.) THE learned Magistrate, however, observed that on consideration of the submissions on either side, it was not possible for him to think that silver bars in question were meant for being illegally exported or that the accused had any connection with any such export. In the circumstances he sentenced he accused to pay a fine of Rupees 3000/or in default to undergo R. I. for three months. We are told that the fine has already been paid by the accused.