2022 (1) TMI 576 - HC - Customs

Smuggling - illegal export through Saurashtra coastal area - silver - scooter - car - HELD THAT - Adjudication proceedings undertaken for attempted export has ended in favour of the applicant and silver is ordered to be returned back to the applicant by the appellate authority against the order of adjudicating authority - These proceedings remained pending for about 31 years from the date of filing of the aforesaid revision application as also for nearly about 38 years from the date of commission of an offence. Much water might have flown thereafter and the applicant might have settled in his life, no useful purpose would be served asking him to undergo further sentence of nearly 19 months, if at all, he has to undergo the same - Though adjudication proceedings were initiated for an attempted export which was not believed because goods were not found within the specified area for the purpose of export. The sentence imposed by the trial Court and confirmed by the Appellate Court is modified to the period already undergone, as aforesaid, enhancing the fine of ₹ 5,000/- to that of ₹ 5,00,000/- to be paid by the applicant within a period of 12 weeks from today - the present revision application is allowed.

Summary

Issues:
- Conviction and sentence challenged by the applicant
- Prosecution's case and evidence presented
- Appeal process and judgments
- Mitigating circumstances for leniency in sentencing

Conviction and Sentence Challenged:
The Revision Application was filed by the applicant, challenging the judgment of conviction and sentence passed by the Joint Judicial Magistrate under Section 135A of the Customs Act, 1962. The applicant, along with two co-accused, was convicted for attempting to illegally export silver, leading to a sentence of 3 years' rigorous imprisonment and a fine of ?5,000. The conviction and sentence were confirmed by the Appellate Court in 1990.

Prosecution's Case and Evidence:
The prosecution's case revolved around intelligence received regarding an attempt to illegally export silver in a car and scooter. Upon surveillance, the Custom Officers intercepted the vehicles and found silver slabs and bars without proper documentation. Accused No.3, the applicant, was identified as the owner of the goods, leading to a complaint filed against all three accused in 1984. Witness testimonies and evidence presented during the trial supported the prosecution's case, resulting in the conviction of all three accused.

Appeal Process and Judgments:
After the trial, the accused filed appeals in the Court of Sessions Judge, which were dismissed in 1990. Details of revision applications filed by the co-accused were also mentioned, with some applications being disposed of due to non-prosecution. The applicant did not challenge the conviction, focusing on mitigating circumstances for leniency in sentencing.

Mitigating Circumstances for Leniency:
The applicant, aged around 70 years, had already served over 17 months of the sentence. Adjudication proceedings favored the applicant, ordering the return of the silver. With proceedings lasting for 31 years since the revision application and 38 years since the offense, the Court considered it unnecessary for the applicant to serve the remaining sentence. The Court modified the sentence to the period already served, enhancing the fine to ?5,00,000 to be paid within 12 weeks, with a provision for surrender if the amount is not deposited.

In conclusion, the High Court allowed the revision application to the extent of modifying the sentence and enhancing the fine, considering the circumstances and the lengthy legal process involved in the case.