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2013 (9) TMI 732 - HC - CustomsConviction for an Offence Punishable u/s 21(c) and 28 r.w. 23(c) – Held that:- Taking into consideration Section 30 of Cr.P.C. and judgment of Shahejadkhan Mehbubkhan Pathan Vs. State of Gujarat [2012 (10) TMI 518 - SUPREME COURT] - the default sentence of 1 year each was reduced to 3 months each - It was ordered that the appellant shall pay a fine of Rs.1 lac and in default of payment of fine, she shall undergo SI for a period of 3 months each on both counts. It was the duty of the Court to keep in view the nature of offence, the circumstances in which it was committed, the position of the offender and other relevant considerations such as pecuniary circumstances of the accused person as to character and magnitude of offence before ordering the offender to suffer imprisonment in default of payment of fine - The provisions of Sections 63-70 of IPC make it clear that an amount of fine should not be harsh or excessive - where substantial term of imprisonment was inflicted excessive fine should not be imposed except in exceptional cases.
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