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2009 (7) TMI 663 - HC - CustomsProsecution- conviction-petitioner flew down to Karippur Airport from Dubai with primary gold of foreign origin weighting 3312 grams and a few other foreign items, he was intercepted at the Airport by the customs officials and on checking he was found possessing the above said contraband. As petitioner had no valid documents with him to import gold and other items he was arrested by customs officials and his statement (Ext. P10) under Section 108 of the Act was recorded. Courts below found that petitioner imported gold of foreign origin without valid document and without making disclosure of the same and thereby committed offence punishable under Section 135(1) (i) of the Act. Learned counsel submits that petitioner has already undergone sentence of imprisonment for one year awarded by learned magistrate and confirmed by the learned Additional Sessions judge and that of the fine of Rs.50,000/- awarded, Rs.25,000/- has al ready been deposited in the trial court as per the order of the appellate court. Learned counsel submitted that sentence awarded is excessive. Held that- conviction upheld.
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