1986 (4) TMI 74 - HC - Customs

Prosecution - Quantum of sentence - Delay in prosecution - Offence - Transportation of smuggled gold

Summary

Issues:
Conviction and sentence under Sections 135(1)(i) of the Customs Act, 1962 and 85(ii), (iii), and (iv) of the Gold Control Act, 1968.

Detailed Analysis:

1. Background and Arrest: The police received information about a truck loaded with contraband coming from Poona to Bombay. Upon interception, the truck attempted to escape but was stopped near Thane. The truck contained a secret compartment with gold slabs of foreign origin. Accused individuals, including the truck's owner, driver, and cleaner, were arrested.

2. Legal Proceedings: The complaint was filed in 1972, and the trial began in 1977, lasting until 1980 with some interruptions. Accused Nos. 2, 7, and 8 were sentenced to 3 years' rigorous imprisonment and a fine of Rs. 14,000 each by the Magistrate.

3. Appeals and Sentencing: The accused appealed to the Sessions Court, where the sentences were reduced to 18 months to run concurrently. The main issue was the propriety of the sentence imposed on the petitioners, with a request for further reduction.

4. Arguments and Decision: The defense argued for a reduction in sentence considering the time spent in legal proceedings and the financial burden. The court acknowledged the ordeal faced by the petitioners during the prolonged legal process. The court decided to reduce the sentence to the period already undergone and imposed additional fines of Rs. 5,000 on Accused No. 2 and Rs. 3,000 each on Accused Nos. 7 and 8, with six months' additional imprisonment in case of default.

5. Final Order: The Criminal Revision Applications were partly allowed, reducing the substantive sentence to time served and imposing additional fines on the petitioners. They were given a week to pay the fines, failing which additional imprisonment would be applicable. The revision applications were dismissed with the specified modifications.

This judgment highlights the legal process, considerations for sentencing, and the balancing of justice with the financial implications on the accused individuals.