TMI Blog2015 (3) TMI 834X X X X Extracts X X X X X X X X Extracts X X X X ..... entified and brought to book the purpose sought to be served by the law prescribing a deterrent punishment cannot be achieved. It is common knowledge that in matters of illegal trade whether in liquor, drugs or other contrabands, the smaller fish only gets caught while the sharks who flourish in such trade often go scot free. The arrest and prosecution of the carriers of contrabands is in that view mere lip service to the avowed purpose underlying the legislation. No reason is forthcoming in the present case why no effort was made by the Investigating Agency to expose the racketeers without whose support and involvement such a big consignment of spirit could not have been purchased nor its transportation arranged. - Penalty and sentence red ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt on 26 th November, 2012, we issued notice to the respondent limited to the question of quantum of sentence awarded to the appellant. We have accordingly heard learned counsel for the parties on that limited question. 5.Section 55 (a) of the Act makes any contravention of the Act or of any rule made thereunder in regard to import, transport, transit or any intoxicating drug punishable with imprisonment for a term that may extend to ten years and a fine which shall not be less than rupees one lakh. It reads: 55. For Illegal import, etc . - Whoever in contravention of this Act or of any rule made under this Act - (a)Imports, exports, transports, transits or possesses liquor or any intoxicating drug; or xxx xxx xxx shall b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. The arrest and prosecution of the carriers of contrabands is in that view mere lip service to the avowed purpose underlying the legislation. No reason is forthcoming in the present case why no effort was made by the Investigating Agency to expose the racketeers without whose support and involvement such a big consignment of spirit could not have been purchased nor its transportation arranged. 7. In the totality of the above circumstances and the fact that the petitioner was only a driver of the lorry in which the goods were being transported, we are inclined to reduce the sentence awarded to him from five years to three years rigorous imprisonment and a fine of rupees one lakh. In default of payment of fine the appellant shall suffer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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