Home Case Index All Cases Customs Customs + HC Customs - 2017 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (2) TMI 1295 - ALLAHABAD HIGH COURTSmuggling - import of synthetic fabrics from Nepal - sentence of six months rigorous imprisonment alongwith fine - Held that: - in the present case, the alleged smuggling is of synthetic fabrics only and that too in the year 1986. The revisionist/accused, though found in possession of the aforesaid fabrics, alleged himself to be only a driver of the vehicle in question and this assertion of the accused was not even attempted to be rebutted by the prosecution. Facing trial for such a long period is by itself a sufficient incarceration and besides this, the accused has undergone a reasonable long period in detention in relation to this case - the sentence of six months rigorous imprisonment and confirming the amount of fine imposed by the learned Court below and the period of detention in default of deposit of fine would be proper and would serve the interest of justice. The Criminal Revision is partly allowed and while the conviction of the accused u/s 135(l)(b) of the CA, 1962 is upheld, the sentence awarded to the accused is modified to the extent that he shall undergo an imprisonment of six months’ rigorous imprisonment with adjustment of the period already undergone in detention by him in the present case - revision partly allowed.
|