ASST COLL OF CUSTOMS Vs. MUDAMBI PARTHASARATHY NARAYAN

JUDGEMENT

(1.) The Assistant Collector of Customs has filed this Criminal Appeal for enhancement of sentence on the Respondent Mudambi Parthasarathy Narayan. The Assistant Collector has impugned the sentence imposed on the Respondent, who will hereinafter be referred to as "the Accused", of 1 day's simple imprisonment and a fine of Rs. 75,000/- or in default, to suffer six months' rigorous imprisonment on each of the charges under Section 135(1)(a)(i), and Section 135(1)(b)(i) of the Customs Act, and section 5 of the Imports and Exports (Control) Act, 1947.

(2.) The facts of the case briefly stated are that on 2-1-1987 the Accused arrived at the Bombay International Airport accompanied by his wife and son from New York by PANAM flight. On a search of the baggage carried by the Accused, it was found that the Accused had brought gold valued at Rs. 5,95,200/-. The gold was seized by the Customs under a Panchanama Exhibit P-2.

(3.) In the Adjudication proceedings the contraband gold brought by the Accused was confiscated by the Customs and a personal penalty of Rs. 30,000/- was imposed on him. The Accused was thereafter prosecuted in the Criminal Court.