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2015 (1) TMI 1123 - MADRAS HIGH COURTConviction under Sections 132 and 135(1)(b) of the Customs Act - illegal possession of diamonds - Quantum of sentence - Held that:- A reading of the judgments of the Courts below reflects the position that the sentence of 1 year R.I. and fine of ₹ 5,000/- i/d 2 months S.I. for offence u/s. 135(1)(b) of the Customs Act has been passed upon the erroneous impression that a minimum sentence of one year was mandatory except for special and adequate reasons. It presently is. However, offence under Section 135(1)(b) of the Customs Act did not attract mandatory minimum sentence as on the date of offence viz., 10-2-2007, the provision there regards having been introduced under Act 22 of 2007 and having come into force on 11-5-2007. Even if an order of quash against the petitioner had been passed on the reasoning that no sanction for prosecution under Section 137 of the Customs Act had been obtained, the prosecution could have moved afresh after obtaining the same. In the circumstances of the present case, this Court is of the view that interests of justice would be better met in reducing the sentence of imprisonment against the petitioner to the period of 80 days already undergone by him. The fine imposed by the trial Court is confirmed. - Decided partly in favour of assessee.
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