2019 (11) TMI 1569 - HC - Customs

The matter is listed under the caption for 'Question of Sentence' today for the appearance of the parties, none appeared - Department submits that the accused have been absconded and they may be in North India - HELD THAT - Since the respondents have not availed the opportunity given by this Court and the matter is pending for more than 10 years, this Court, in the absence of availing the right of the parties, is inclined to pronounce the sentence - Since the respondents / accused were acquitted for the offence under Section 132 of Customs Act and convicted for the offence under Section 135 (1)(a)(ii) r/w 135 (A), respondents / accused in Crl.A.(MD)No.58 of 2009 shall undergo imprisonment of one year and pay fine for a sum of ₹ 50,000/- each, in default, to undergo six months rigorous imprisonment and respondent in Crl.A. (MD)No.59 of 2009 shall undergo one year imprisonment and to pay a fine of ₹ 50,000/-, in default, to undergo six months rigorous imprisonment. Department is directed to secure the respondents / accused to undergo the sentence of imprisonment imposed by this Court.

Summary

The Madras High Court pronounced a sentence of one year imprisonment and a fine of Rs. 50,000 on the accused in a customs case. The accused were acquitted of one charge but convicted of another. The Department is directed to secure the accused for imprisonment, and the Legal Aid Counsel is entitled to a fee as per the rules.