STATE OF PUNJAB Vs. RAJESH MALHOTRA

JUDGEMENT

(1.) RAJESH Malhotra and Ramesh Passi the accused-respondents were convicted by the Judicial Magistrate Ist Class, Jalandhar on the basis of their plea of guilty for the offence under Section 120-B of the Indian Penal Code read with Sections 420, 468, 471 and Section 5 of the Imports and Exports (Control) Act, 1947 (hereinafter referred to as the Act). Each of the two convicts was sentenced to undergo simple imprisonment till rising of the court and to pay a fine of Rs. 1000/-. The State has moved this appeal for enhancing sentence inter alia, on the grounds that under the circumstances of the case the trial court had erroneously taken a lenient view in the matter of sentence, although the proviso to Section 5 of the Act prescribed the minimum sentence of six months to be imposed upon such a convict.

(2.) THE brief resume of facts relevant for disposal of this appeal is that one Shiv Pal Sagar, now a convict, was the sole proprietor of the business carried on in the name and style of M/s Kiran Exports Ludhiana. Shiv Pal Sagar in conspiracy with the accused-respondents managed to obtain an advance import licence in the name of his said firm for Rs. 6,55,200/- for the import of polyester filament yarn from the office of Deputy Chief Controller of Imports and Exports, Amritsar on the basis of forged documents such as export orders alleged to have been issued by M/s. Cyrince Agency Ben Ghazi Pvt. Libya and M/s. Flaming Fashion London. The advance import licence was issued subject to the condition that the licensee shall export 52,000 pieces of top skirts readymade garments made of polyester knitted cloth to M/s. Cyrince Agency Ben Ghazi Pvt. Libya within six months from the date of importation of the first consignment against the import licence. Shiv Pal Sagar imported the material under the said licence but did not export 52000 pieces of the readymade garments as per condition of the import licence. Thus Shiv Pal Sagar along with two respondents herein, committed an offence under sections 120-B of the Indian Penal Code read with Sections 420, 468, 471 of the Indian Penal Code and Section 5 of the Act and Sections 420, 468, 471 and Section 5 of the Imports and Exports Act.

(3.) THE remaining two accused i.e. respondents Rajesh Malhotra and Ramesh Passi also made confessional statements admitting the contends of the complaint to be correct. Accepting the confessional statements of both these accused, the trial court convicted both of them for an offence under Section 120-B, I.P.C. read with Sections 420, 468, 471 I.P.C. and Section 5 of the Act and sentenced each of them to undergo simple imprisonment till the rising of the Court and to pay a fine of Rs. 1000/-. The reasons given by the trial court for imposing this sentence was that the main accused Shiv Pal Singh was also similarly dealt with in the matter of sentence.