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TMI Blog1963 (12) TMI 48X X X X Extracts X X X X X X X X Extracts X X X X ..... d rings and ₹ 2,241.22 nP. on other dutiable articles and/or with a view to evade prohibition and /or restriction for the time being in force by virtue of the Sea Customs Act on import thereof, acquired possession of the same and was concerned in carrying, keeping, removing, concealing and otherwise dealing with the same and thereby committed an offence under Section 167 (81) or the Sea Customs Act, 1878. The second charge was that on the same day she imported the said wrist watches, watch straps, rings and other dutiable articles in contravention of the Import Control Order 1955, read with Section 3 (2) of the Imports and Exports (Control) Act, 1947 and thus committed on offence under Section 5 of the Imports and Exports (Control) Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r dutiable articles in large quantities without any permit as per inventory attached. The accused was then arrested and produced before the Magistrate who released her on bail. (3) The wrist watches, watch straps and rings were collectively valued at ₹ 2,450/- being its import value, but the market value of these articles was ₹ 7,380/- and the customs duty payable thereon was ₹ 2,241.28 nP. The other dutiable articles brought in advance in two bags were collectively valued at ₹ 2,772/- for import value and the market value thereof was ₹ 8,000/-. The customs duty payable on these articles was ₹ 2,241.22 nP. The accused admitted that she was unable to produce any import licence as she had not obtained an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 39; rigorous imprisonment on each count. Goods to Customs. Bail Bond Cancelled. (7) In view of the fact that the sentence of fine alone is imposed on the accused, the State has come up in revision and prays for a deterrent sentence being imposed on the accused. It has been pointed that besides had also illegally imported 77 varieties of articles such as Hair Dryer, Corsets, Laces, handbags, ice trays, suit length cloth, woollen and silk blanket, lady's handkerchief, gents metal watch bands, film rolls, nylon saries, petty coats, nylon brocades, silk wear, ransom lighter, perfume bottles, powder, cosmetic articles, combs, key chains, necklaces, pearl necklaces, brushes, fancy frames etc. It is thus clear according to the State, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... flict and thus, according to the learned counsel, she has already suffered and maximum penalty under the law. Besides, it is urged, the ignominy and humility of the trial should be considered as an adequate punishment to a person like the accused who claims to belong to a respectful family, and has already suffered on account of the prosecution and conviction. Her prospects of life will be considerably married if the State's be accepted, and that would be disproportionate to the crime. The learned counsel has, therefore, prayed that there should be no interference with the sentence already imposed in view of the circumstances stated by him. (9) At one state I considered the possibility of inflicting further sentence of fine on the ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fear or sanction against commission of much crimes with impunity. The laws of this country impose restrictions on import of certain articles and prohibit import of certain others after due consideration of National policies, especially in view of its own foreign trade, currency of these restrictions and prohibitions exposes the national interests to avoidable risks which no citizen has a right to attempt. As rightly pointed out by the learned Additional Government Pleader, the Court may take a lenient view where the violation is at the instance of a citizen, purely out of weakness or temptation of have a watch or a fancy article for personal use because it which the law has been violated in the instant case clearly demonstrates that the ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from a respectable or high family rather emphasises the seriousness of the malady. If members belonging to high status in life should show scant regard for the laws of this country which are for public good, for protecting our foreign trade or exchange position of currency difficulties, the consequential punishment for the violation of such laws must be equally deterrent. The offences against Export and Import restrictions and customs are of the species of economic crimes which must be curbed effectively. (12) In view of all these circumstances, therefore, with some reluctance, I have come to the conclusion that this a fit case where the sentence of fine imposed on the accused by the learned Chief Presidency Magistrate is not adequate ..... X X X X Extracts X X X X X X X X Extracts X X X X
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