TMI Blog2009 (7) TMI 663X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der Section 135(1)(i) of the Customs Act (for short, "the Act"). 2. Case is that on 1-7-1999 at about 5.30 p.m. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (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 exc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate sentenced the petitioner to undergo simple imprisonment for one year and for payment of fine of Rs.50,000/-. A default sentence of imprisonment for six months is also provided. Learned counsel submits that the substantive sentence is already suffered by the petitioner and hence, that part of the sentence is not under challenge in this revision. The request of learned counsel is that leniency m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion is allowed in part to the extent that fine awarded to the petitioner is modified as Rs.35,000/- (Rupees Thirty-five thousand only) and default sentence is modified as imprisonment for three months. It is directed that the amount if any deposited by the petitioner in the trial court as per the order of the appellate court shall be adjusted in the fine payable by the petitioner and as modified ..... X X X X Extracts X X X X X X X X Extracts X X X X
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