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2007 (5) TMI 247 - HC - Customs

Issues: Sentencing for offences under Section 135(1) of the Customs Act and 85(1) of Gold (Control) Act.

In this judgment, the accused was convicted for possessing contraband gold and sentenced to rigorous imprisonment and fines under Sections 135(1) of the Customs Act and 85(1) of the Gold (Control) Act. The accused had been undergoing pre-trial detention and facing proceedings for over 17 years. The defense sought leniency due to the accused's health issues, loss of employment, and the liberalization of gold import rules. The court considered the prolonged duration of the case, the quantity of contraband, and the changing regulations. Consequently, the court modified the sentence under the Customs Act to imprisonment already served and a fine of Rs. 30,000, with a default simple imprisonment term. The sentence under the Gold Control Act, a fine of Rs. 5,000, and default simple imprisonment for two months was upheld. The revision petition was disposed of accordingly.

 

 

 

 

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