STATE OF MAHARASHTRA Vs. TUSHAR GOVINDJI SHAH

JUDGEMENT

(1.) THIS appeal has been preferred by the State of Maharashtra under section 377 (1) Cr. P. C. for enhancement of the sentence of the respondent who was tried by the Additional Chief Metropolitan Magistrate, 32nd Court, Esplanade, Bombay in Case No.114/cw/1984, found guilty and sentenced, by the said Court on 26-7-1985, under section 135 (1) (a) r/w section 135 (i) (ii) of the Customs Act to pay a fine of Rs. 5000/- in default to suffer simple imprisonment for three months.

(2.) THE allegation against the respondent in brief is that on 20-9-1983, he alighted by Flight No. AI-316 at Sahar International Airport, Bombay, and was found to be in possession of 11,345 US dollars and Indian currency to the tune of Rs. 3,100/ -. He had no documents showing the legal acquisition of the said currencies. THE value of the currency in terms of Indian money was Rs. 1,16,550/ -.

(3.) MR. D. S. Mhaispurkar, learned counsel for the appellant urged that some of the grounds on which the sentence of Rs. 5000/- imposed on the respondent, like his being a youthful offender and not having been convicted before are untenable in law in view of the provisions contained in section 135 (iii) of the Customs Act. We have reflected over the said submission. Although, we find merit in it, but we also find from a perusal of the impugned Judgment that the said are not the only grounds for imposing the sentence imposed on the respondent. Apart from it, it has to be borne in mind that the incident took place on 20-9-1983 and 15 years have elapsed. We feel that considering the time lag and the over all circumstances, larger considerations of justice also warrant that we should not enhance the sentence of the respondent.