9911796707
TMI Blog2008 (7) TMI 427X X X X Extracts X X X X X X X X Extracts X X X X ..... dditional Sessions Judge (FT) No. 3, Jodhpur, whereby he dismissed the appeal of the appellants and maintained their conviction and sentence u/s. 135(1)(i) of the Customs Act awarded by the ACJM (Economic Offences), Jodhpur, whereby they were sentenced to three years' R.I. and to pay a fine of Rs. 1000/- each and in default, to further undergo one month's S.I. 2. The charge against both the accus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by recording the statements of various persons and thereafter the Superintendent (Law II), Central Excise & Customs, Jaipur viz; Shri B.L. Verma filed chargesheet against the petitioners Shaitan Singh and Sawai Singh u/s. 135(1)(i) of the Customs Act, 1962, hereinafter referred to as "the Act" before the Special Judicial Magistrate (Economic Offences), Jodhpur on 10-1-1995. Learned Magistrate took ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... used-appellants as above. Against this order of conviction, they preferred appeal which came to be dismissed by the learned Additional Sessions Judge (FT) No. 3, Jodhpur on 30-7-2007. The Appellate Court also ordered for confiscation of the Silver and also jeep RNM 7337. Against this appellate judgment, this revision petition has been filed. 3. Learned counsel for the petitioners does not want to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... So far as the present case is concerned, it is covered by sub-clause (C) of clause (i) of sub-section (1) of Section 135 i.e. the Silver, which is a prohibited goods notified in the Official Gazette of the Central Government and it provides punishment for seven years' imprisonment but there is a proviso to this sub-clause which says that in the absence of special and adequate reasons to the contr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall remain intact, which the petitioners shall deposit within a period of 15 days from today, if not already deposited, else they shall serve out the sentence in default of payment of fine. Both the accused as per record, are in jail. They shall be released on completion of their term of imprisonment of one year after setting off the period of judicial and police custody, as provided for in Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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