(1.) APPELLANTS-Original Accused Nos. 4 and 12 were convicted under Section 120-B of IPC and Sections 135 (a) (i) and 135 (b) (i) of the Customs Act and under Section 5 of the Imports and Exports (Control) Act. Under Sections 120-B of IPC and Sections 135 (a) (i) and 135 (b) (i) they were sentenced to RI for 3 years and to pay a fine of Rs. 500/- and under Section 5 of the Imports and Exports (Control) Act they were sentenced to RI for 2 years and to pay fine of Rs. 500/- and various terms were awarded in respect of different fines in case the default is committed in paying the fine. The period of conspiracy is said to be between the year 1968 to 1969.
(2.) COMPLAINT was filed in the year 1971. It was treated as a private complaint and it being warrant triable case evidence for charge was recorded and the trial Court being satisfied, final charge came to be framed on 10th April 1972. At the end of the trial, which was against as many as 33 accused, out of the original accused, accused Nos. 1,2,4,5,6,8,10 15 and 24 were convicted. Of the rest, some had absconded, some were discharged and the remaining were acquitted. Present Appeal came to be filed before this Court by accused Nos. 1,2,4 and 12 So far as the accused nos. 1 and 2 are concerned, as recorded in the order of this court on 4-8-98 accused nos. 1 and 2 had already undergone the sentence before their Appeal could be heard. They were released in the course of time. It was noted, therefore, that the Appeal had become infructuous for the said two accused. The Appeal was, therefore, treated as surviving only for remaining two accused viz. Accused Nos. 4 and 12 It is, therefore, argued in respect of them by the learned counsel Mr. Gupte.
(3.) THE request was made on behalf of the appellants that after passage of so much of time if they are to be sent to the jail, assuming that the Appeal is not allowed, it will be compelling them to undergo the sentence passed more than 20 years back and thus disturbing their entire family as also radically altering their present circumstances to their detriment.