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1971 (4) TMI 37 - SC - CustomsWhether Section 187A of the Act is unconstitutional on the ground that it is violative of Article 14 of the Constitution? Held that:- The power conferred by Section 187A has to be exercised for effectuating the object and purpose of the Act keeping in view the entire scheme. It cannot, therefore, be said that any unguided discretion or power has been conferred of the nature which would come within the inhibition of Article 14. The principal contention of the learned counsel for the appellant based on Article 14 must fail. We are satisfied that the High Court rightly upheld the conviction for the offences in question but taking into consideration every aspect of the matter we consider that the sentence of imprisonment already undergone by the appellant together with the fine which has been imposed apart from the order relating to the confiscation of goods will serve the ends of justice. Appeal allowed in part
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