9911796707
TMI Blog1999 (8) TMI 803X X X X Extracts X X X X X X X X Extracts X X X X ..... go rigorous imprisonment for one year. 2. The case in brief for the disposal of the revision is as follows : The officials from Enforcement Directorate proceeded to Airport on receipt of information i.e., on 19-8-1997 and as a result of the search of the person and baggage of the accused, U.S. dollars 1,90,000 and other documents were seized under a cover of mahazar. The accused also gave a statement and he has violated the proviso of section 8(1) in having acquired U.S. dollars without the permission of the Reserve Bank of India. He was arrested and produced before the Court. The accused, a person in India, other than an authorised dealer in foreign exchange has contravened and violated the provisions of section 8(1). 3. On beh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... testimony of P.W.4. P. Ws. 1 to 5 have identified the accused also during trial before the Court. 5. Ex. P 1, the mahazar contained the details regarding the currencies and documents seized from the accused. The statement from the accused was also recorded and after a period of one week only, the accused had retracted from his statement. It is, therefore, clear from the evidence of P. Ws. 1 to 5 that the accused was in possession of so much U.S. dollars without any proper authority. 6. The learned counsel for the petitioner mainly contended that the petitioner was only a carrier of currency and he cannot be punished for any offence. The currency was given to him for the purpose of handing over to another person at Hyderabad for open ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsidering the fact that he had already undergone the imprisonment of 18 months, he will be released. The learned counsel also relied upon section 65 IPC relating to limit of imprisonment for non-payment of fine. It is made clear that the term for which the Court directs the offender to be imprisoned in default of payment of a fine shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine. It is necessary to state that the U.S. dollars 1,90,000 correspond to Indian currency of Rs. 69 lakhs. Only because of this, the fine of Rs. 7 lakhs has been imposed by the Courts below. Considering the grave crime, it cannot be said that the convictio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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