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1970 (8) TMI 87 - SC - FEMAOrder of acquittal set aside - Held that:- While imposing sentence a Court might take notice of the fact that a person is being vicariously punished for an offence and if he shows that it is possible that the contravention of the Act took place without his knowledge or neglect a sentence of imprisonment may not be imposed. In this case he was abroad at the time of contravention and it is possible that the contravention took place without his knowledge or because of lack of diligence. It seems to us that on the facts of this case a sentence of fine of ₹ 2,000/- will meet the ends of justice. The learned counsel for the respondent State urges that this is not a case fit for review because it is only a case of mistaken judgment. But we are unable to agree with this submission because at the time of the arguments our attention was not drawn., specifically to sub-s. 23C(2) and the light it throws on the interpretation of sub-s. (1). In the result the review petition is partly allowed and the judgment of this Court in Criminal Appeal No. 211 of 1969 modified to the extent that the sentence of six months’ rigorous. imprisonment imposed on Girdharilal is set aside. The sentence of fine of ₹ 2,000/- shall, however, stand.
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