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2011 (5) TMI 880

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..... ed by the Assistant Collector of Customs (P) questioning the adequacy of sentence of rigorous imprisonment for five months with a fine of ₹ 30,000/- imposed upon the appellant for the offence punishable under Sections 135(1)(a)(i) and 135(1)(b)(i) of the Customs Act by the learned Chief Metropolitan Magistrate, Esplanade, Bombay by his Judgment dated 10th January, 1994. Memo of Appeal shows .....

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..... the Code of Criminal Procedure provides for Appeal by the State or Union Government against sentence. Sub-section (2) provides that in case of conviction on a prosecution launched by an agency employed to make investigation under the Central Government, the Central Government may direct the learned Spl. P.P. to prefer an Appeal. The question as to whether Assistant Collector of Customs (P) could .....

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