TMI Blog1990 (10) TMI 84X X X X Extracts X X X X X X X X Extracts X X X X ..... sentence passed against the Petitioner under Section 135(1)(a) of the Customs Act as also the conviction and sentence under Section 5 of the Imports and Exports (Control) Act, 1947. The learned Additional Sessions Judge, however, was pleased to reduce the sentence passed under Section 5 of the Imports and Exports (Control) Act to a period of one month's rigorous imprisonment from a sentence of six months' rigorous imprisonment imposed by the learned Additional Chief Metropolitan Magistrate, 3rd Court at Esplanade, Bombay. The sentence of fine of Rs. 500/- was confirmed. 2. Briefly stated, the facts concerning this Criminal Revision Application are that on 6-7-1984, the Petitioner arrived at the Bombay International Airport from Singapore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f fine to suffer rigorous imprisonment for six months. The learned Additional Chief Metropolitan Magistrate was further pleased to convict the Petitioner under Section 5 of the Imports and Exports (Control) Act, 1947 and to sentence the Petitioner to suffer rigorous imprisonment for six months and to pay a fine of Rs. 500/-, in default of the payment of the fine to suffer rigorous imprisonment for one month. 5. The Petitioner, being aggrieved by the said conviction and sentence passed against him by the learned Additional Chief Metropolitan Magistrate, filed an appeal before the Court of Sessions, Greater Bombay. The appeal was heard by His Honour the Additional Sessions Judge Shri K.D. Chaugule. The learned Additional Sessions Judge, by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 135(1)(a) of the Customs Act. 8. Shri Vakil contended that on the facts and circumstances of the case, the conviction of the Petitioner under Section 135(1)(a) of the Customs Act could not be sustained inasmuch as the ingredients of the offence under that Section had not been proved. Shri Vakil argued that under Section 135(1)(a) of the Customs Act, it was incumbent upon the Prosecution to prove, firstly, that there was a fraudulent evasion on the part of an accused person or an attempt at evasion of duty chargeable thereon or of any prohibition for the time being imposed under that Act. Shri Vakil stated that the Petitioner herein had approached the Customs counter at the Sahara Airport and had voluntarily declared the ite ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wo ingredients of Section 135(1)(a) of the Customs Act had not been proved by the Prosecution and the Petitioner could not be convicted of an offence under Section 135(1)(a) of the Customs Act. 11. The learned Additional Sessions Judge was pleased to set aside the conviction and acquit the Petitioner of the offence under Section 135(1)(b) of the Customs Act. I, therefore, do not think it necessary to deal with that aspect in this Criminal Revision Application. 12. Coming now to the issue of conviction and sentence of the Petitioner under Section 5 of the Imports and Exports (Control) Act, 1947, as pointed out by me earlier, Shri Vakil has not impugned the conviction under Section 5 of the Imports and Exports (Control) Act, 1947. Shri Va ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a sentence of one day's simple imprisonment and an enhancement of the fine from a sum of Rs. 500/- to a sum of Rs. 3,000/- will meet the ends of justice in the instant cast. Considering the facts and circumstances of the present case, the above order appears to me to be just and proper. 14. In the result, the rule is made partly absolute. The conviction and sentence of the Petitioner under Section 135(1)(a) of the Customs Act, 1962 is set aside. The conviction of the Petitioner under Section 5 of the Imports and Exports (Control) Act, 1947 is confirmed. However, the sentence of one month's rigorous imprisonment as also the fine of Rs. 500/- in default of payment of which a further sentence of one month's rigorous imprisonment is set aside ..... X X X X Extracts X X X X X X X X Extracts X X X X
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