STATE OF MAHARASHTRA Vs. ANDERSON FINN KAY OVE

JUDGEMENT

(1.) THESE proceedings relate to the prayer of enhancement of sentence passed by the Chief Metropolitan Magistrate, Bombay, on 27-2-1978, against the 1st respondent Andorsen Finna Kay Ove.

(2.) ACCORDING to the case for the prosecution, during night between 3112-1977 and 1-1-1978, the respondent-accused accompanied by another person reported at Santa Cruz Airport for * flight which was to leave Bombay for Copenhagen via London, When the accused produced his baggage consisting of two suit-cases, on examination, it was found that the suit-cases had concealed packets in which 7 kgs. of Hashis valued approximately at Rs. 9,000/-, was found. Necessary formalities of making the panchanama etc. , were done and the accused was charge-sheeted. Sanction from the Additional Collector of Customs, Bombay, was obtained. At the trial the accused pleaded guilty, That plea was accepted, The learned Magistrate observed that the accused was a foreign national of Danish origin. There was a growing tendency amongst the foreigners to use drugs such as Hflshia, Charas, Opium etc. , and as such they make an attempt to smuggle such drugs. The accused was merely a carrier, as stated by him and considering these circumstances, the learned Magistrate felt that ends of justice would be met by sentencing the accused to surfer one week's R. I. and to pay a fine of Rs. 5,000/- i. d. three months R. I.

(3.) IT seems as an under-trial prisoner, the accused was in jail and therefore, by reason of Section 428 of the Cr. P. C. the substantive sentence of one week's R. I. was already suffered by him.