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2009 (5) TMI 495 - KERALA HIGH COURTProsecution- Conviction- petitioner was convicted for offence under Section 135(1) (i) of the Customs Act and was sentenced thereunder to undergo R.I. for a term of one year and to pay a fine of Ks. 20,000/- and in default to undergo simple imprisonment for a further term of three months with right of set off under Section 428 of the Cr. P. C. held that- when there is no reliable evidence regarding the purity of gold and any convincing evidence regarding its value, the conviction of the petitioner under section 135(1)(i) of custom act is unsustainable. Conviction of petitioner altered from section 135(1)(i) to section 135(1)(ii). Prosecution- sentence- whether sentence awarded to the petitioner in the circumstances is sustainable. Held that- it is not a fit case where sentence of imprisonment is to be awarded to the petitioner especially when the prosecution has no case that he is a habitual offender engaged in such illegal import of gold.
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