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TMI Blog1982 (10) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... harge-sheeted as A-1 and whose case was split up since he has absconded) were proceeding in an Ambassador car from Dindigul to Madurai at about 5-45 p.m. on 5-1-1972. Mohammed Hassan (A-1) was driving the car. The Excise officials stopped the car on the road and searched it in the presence of witnesses and they suspected that some contraband was hidden in the vehicle by some mechanical device and therefore, took the car to Madurai for intensive check up. Accordingly, when the car was thoroughly examined in a workshop, a miniature tank (MO 1) was found between the rear seat and the petrol tank of the car and it was a special device attached to the main petrol tank which had been reduced to half of its actual capacity. When the miniature tank ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ergo rigorous imprisonment for six months, and with reference to the second respondent herein, the sentence of imprisonment was reduced to one of 6 months rigorous imprisonment since he was said to be in detention in some other case. The Customs department feel aggrieved with the order of the lower appellate court in reducing the sentence and they have preferred this revision under Section 377(2) Cri. P.C. 4. Notice was given to both the respondents and the first respondent was served in 1977 and he has not made any appearance from 1977 onwards. It would appear that the second respondent has now detained under COFEPOSA Act. The first respondent could not be served in spite of several notices and the endorsement of return was that he has le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e for the same by any of the accused. The contraband that was brought from Kerala was to be sold at Madurai and the car itself was intercepted at Dindigul-Madurai main road. The learned Chief Judicial Magistrate who tried the case has carefully considered every aspect of the case and while convicting them, in the matter of sentence, he has stated such illegal and anti-social acts shattering the economy of the country should be seriously viewed by the courts and therefore, the respondents were sentenced to rigorous imprisonment for three years. However, on appeal, the learned Additional Sessions Judge had interfered with the sentence while upholding the convictions and found that the respondents herein are only carriers or mercenaries employ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in detecting the same. As rightly pointed out by the Chief Judicial Magistrate, the smuggling of gold is a crime against nation and it shatters the economy of the country and therefore, the respondents must be given the maximum sentence of imprisonment prescribed under the Act. Unfortunately, the lower appellate court has treated such a grave crime against the economy of the country very lightly and let them off with a nominal fine of Rs. 500 regarding the first respondent and a few months, (two months) imprisonment for the second respondent. This is nothing but a mockery of justice which will embolden the smugglers and their hirelings to carry on their activities with renewed vigour. The reasons given by the learned Sessions Judge is that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te of West Bengal, AIR 1974 SC 120. In that case, the Supreme Court observed thus- "Social and economic offences stand on a gravers footing in respect of punishment..... India has been facing an economic crisis and gold smuggling has had a disastrous impact on the State's efforts to stabilise the country's economy..... . The ineffectiveness of prosecution in arresting the wave of white-collar crime must disturb the judges' conscience .... To the extent to which gold smugglers and other anti-social operators in the field of crime can be given an unhappy holiday in jail, the courts must help the process on conviction, if judicial institutions are not to be cynically viewed by the community." 8. For all the above reasons, the appeal is allow ..... X X X X Extracts X X X X X X X X Extracts X X X X
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