9911796707
|
Home
Issues: Alleged inadequacy of sentence imposed for offences under Customs Act and Imports and Exports (Control) Act.
In this judgment, the State appealed against the sentence imposed on the respondent for offences under Sections 135(1)(a)(ii), 135(1)(b)(ii) of the Customs Act, 1962, and Section 5 of the Imports and Exports (Control) Act, 1947. The respondent was involved in fraudulent evasion of customs duty concerning 220 bottles of tipping material. The Customs Officer valued the material at Rs. 100 per bottle, leading to a breach of the Imports and Exports (Control) Act and punishable under the Customs Act sections mentioned. The respondent was given the option to redeem the confiscated material by paying a fine of Rs. 88,000. The Assistant Collector of Customs filed a complaint, and the respondent admitted to attempting to evade customs duty but disputed the valuation. The Magistrate considered the redemption fine as the valuation and imposed a sentence of one day's simple imprisonment and a fine of Rs. 10,000 on each count, to run concurrently, citing factors like lack of concealment, repentance, and guilty plea. The State contended that the contraband's value exceeded Rs. 2,00,000 and argued against the Magistrate's valuation. The Public Prosecutor clarified the sentencing provisions under Section 135(1) and supported the Magistrate's valuation based on the redemption fine. The judgment highlighted the difference in sentencing requirements based on the value of goods under sub-clauses (i) and (ii) of Section 135(1), noting the Magistrate's justification for the sentence imposed. The judgment also addressed the mandatory imprisonment provision under Section 5 of the 1947 Act, emphasizing the Magistrate's consideration of special and adequate reasons for deviating from the minimum sentence. The total fine imposed was Rs. 30,000, and the judgment emphasized the respondent's lack of concealment, repentance, and the significant time elapsed since the offence, leading to the dismissal of the appeal and affirming the original sentence.
|
