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Issues: Application for enhancement of sentence based on smuggling charges.
Analysis: 1. The accused was charged with knowingly evading duty and import restrictions by concealing valuable goods in her possession upon arrival at the airport. 2. The accused admitted guilt and sought leniency due to being a first-time offender from a respectable family. 3. The Chief Presidency Magistrate initially imposed a fine as punishment, which the State found inadequate given the severity of the offense and the accused's extensive smuggling activities. 4. The State argued for a more deterrent sentence, highlighting the accused's large-scale smuggling of various valuable items beyond personal use. 5. The defense emphasized the accused's personal circumstances, financial losses, and the maximum penalty already imposed by the Magistrate. 6. The High Court, after considering the arguments, found the initial sentence inadequate and enhanced it to include six months of rigorous imprisonment in addition to the fine. 7. The Court stressed the seriousness of economic crimes like smuggling and the need for effective deterrence, especially when committed by individuals from respectable backgrounds. 8. The Court rejected the defense's argument regarding the time elapsed since the initial judgment, emphasizing the gravity of the offense over the accused's convenience. Overall, the High Court found the initial sentence insufficient given the deliberate and extensive nature of the smuggling activities, opting to enhance the punishment to include imprisonment alongside the fine imposed by the lower court. The judgment underscores the need for deterrence in combating economic crimes and upholding import regulations for the protection of national interests.
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