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2019 (4) TMI 531 - HC - Central ExcisePrinciples of natural justice - Validity of trial u/s 9 of the Central Excises and Salt Act, 1944 - absence of charge - the charge laid against the petitioner was only under Section 9 without indicating under which limb of that section he has to face trial - seizure of labelled and unlabelled beedies - seizure of beedi tobacco - Held that:- There was amendments in the year 1992. Thus, on a careful perusal, it can be seen that, a re-numbering was done under Section 9(1) and all the offences impugned therein are seen made punishable under Section 9(1)(i) & (ii). There may be an omission of sub-section (i), which was introduced by the Act 36 of 1973. That omission cannot be treated as material in the light of Section 464 of the Code of Criminal Procedure. In this case, by going through the charge, it can be seen that the details of the allegation for which, he is facing the trial is made clear. When the charge is clear regarding the allegations, quoting of the offences or omission of quoting the sub-section will not vitiate the trial. The Court below awarded a minimum sentence of six months and to pay a fine of ₹ 20,000/- with default simple imprisonment for three months - Considering the fact that the age of the revision petitioner who is accused No. 1. was given as 53 in the judgment and the case is that of the year 1990 and now we are in 2018 and for the last 28 years the case is therein and also considering the fact that the aged revision petitioner is suffering from various ailments, this can be treated as a special circumstance to give reduction in the minimum sentence awarded by the Court below as provided in the Act. The sentence imposed is modified and reduced as simple imprisonment for two months. As there is reduction in the substantial sentence, the fine amount is increased to ₹ 1,00,000/- and in default of payment of the fine amount, he shall undergo simple imprisonment for 15 days more - Revision allowed in part.
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