TMI Blog2019 (11) TMI 834X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner. Shri K. Radhakrishanan, Senior Advocate, B. Krishna Prasad & Nishe Rajen Shonker, AORs, Kumar Parimal and Ms. Rashmi Malhotra, Advocates, for the Respondent. ORDER Leave granted. 2. The appellant was tried for offence punishable under Section 9(1)(ii) of the Central Excise and Salt Act, 1944 ("The Act", for short). Upon being convicted he was sentenced by the Addl. CJM (Economi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1)(ii) of the Act. 8. Under Section (9)(1)(i) the sentence can extend to seven years and with fine, whereas in terms of Section 9(1)(ii), the imprisonment can extent to three years or with fine. 9. Thus there is no statutory mandatory minimum sentence of imprisonment; if an office is committed under Section 9(1)(ii) of the Act. 10. Having considered the entirety of the matter, in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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