2015 (9) TMI 339 - HC - Customs

Evasion of Duty Smuggling foreign origin silver Appellants were intercepted with silver slabs and they did not had any valid document for possessing recovered silver They were convicted and sentenced under section 135 of Customs Act, 1962 Held that - there were ample evidence on record that applicants were smuggling foreign origin silver slabs and thus have contravented provisions of import (control) order No. 17/55 Thus conviction of applicants was based on proper appreciation of evidence, therefore, conviction recorded by Courts hereby maintained Section 135(3) provides reasons which shall not be considered as special and adequate reasons for awarding sentence of imprisonment for term of less than one year Applicant No. 2 has undergone surgery and had filed medical papers before Court Considering his ill-health and sentence already suffered, appellant-2 has made out case for imprisonment of sentence less than one year Appellants have already suffered jail sentence of about 20 months, in such circumstances their jail sentence reduced up to 20 months Decided partially in favour of Appellants.

Summary

Issues:
1. Revision filed against judgment maintaining conviction and sentence under Section 135 of Customs Act.
2. Appellants found guilty for smuggling foreign origin silver slabs.
3. Appeal filed for reduction of jail sentence based on health issues and mental agony.
4. Consideration of sentence reduction and fine enhancement for appellants.

Analysis:
1. The revision was filed against the judgment maintaining the conviction and sentence under Section 135 of the Customs Act. The initial judgment by the ASJ in Criminal Appeal No. 326/2011 upheld the conviction and sentence of three years rigorous imprisonment with a fine of Rs. 2,000 for each applicant, passed by the Special Judicial Magistrate in Criminal Case No. 18/04 on 28-5-2011. The revision was filed under Section 397 r/w 401 of Cr.P.C.

2. The case involved the smuggling of foreign origin silver slabs by the appellants, which was discovered during a search operation conducted by Officers of Customs and Central Excise in Mhow. The silver was seized under the Customs Act, and further investigations led to the recovery of additional silver slabs from different locations. The trial resulted in the conviction of the appellants under Section 135 of the Customs Act, while some co-accused were acquitted.

3. The appellants sought a reduction in their jail sentences, citing health issues, mental agony endured for 22 years, and lack of criminal antecedents. One appellant had undergone surgery due to gangrene, resulting in the amputation of his right leg, while others had suffered mental distress during the prolonged legal process. They requested a reduction in their jail terms based on the time already served.

4. After considering the arguments from both sides, the Court maintained the conviction of the appellants under Section 135 of the Customs Act. However, the Court decided to reduce the jail sentences of the appellants. The appellant who had undergone surgery had his sentence reduced to nine months, while the other appellants had their sentences reduced to 20 months. Additionally, the fine amount for all appellants was enhanced from Rs. 2,000 to Rs. 5,000, with a provision for further simple imprisonment in case of default. The judgment directed the office to send a copy for compliance to the trial court promptly.