9911796707
TMI Blog1983 (10) TMI 58X X X X Extracts X X X X X X X X Extracts X X X X ..... Chief Judicial Magistrate, First Class, Hoshangabad. Being aggrieved by his convictions and sentences as stated above the respondent/accused preferred appeal before the District and Sessions Judge, Hoshangabad who by the order impugned reduced the sentence of imprisonment to that already undergone which according to the learned counsel for the respondent is 45 days. Both the counsels appearing for the parties agree that there is no dispute to the fact that the respondent has already deposited the fine imposed on him for the aforesaid two offences. 2. The only ground for reducing the sentence of imprisonment to the period already undergone is contained in para 8 of the impugned order in which the Lower Appellate Court has held that the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bombay to Nagpur, his activities could not be detected by the authorities so far. Ex. p-1/8 has been made the basis for holding the respondent/accused guilty of the charges framed against him. The learned counsel for the appellant also relied on a Percy Rustomji Basta v. State of Maharashtra [1971 (1) Supreme Court Cases 847 = 1983 (13) E.L.T. 1443 (S.C.)]. 4. Countering the arguments advanced on behalf of the appellant, the learned counsel appearing for the respondent/accused contended that in the proceedings initiated under the provisions of the Gold (Control) Act, the respondent who was imposed a fine of Rs. 15,000/-. On appeal to the Tribunal the same was reduced to Rs. 150/- holding inter alia that the respondent/accused was merely a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ijisingh Bhawani (AIR 1965 Bombay 6) the Supreme Court has laid down that a serious view has to be taken for commission of such offences which involve destabilisation of the country's economy. 6. The only question remains to be considered is regarding the sentence. The learned counsel for the appellant submitted that under the provisions of the relevant Acts if the value of the gold seized exceeds one lakh of rupees, a minimum sentence of rigorous imprisonment to six months is provided. In this case the gold seized was 50 tolas of 24 carats contained in five gold bars of ten tolas each. According to the learned counsel the value of the gold at the relevant time would have been approximately at Rs. 50,000/- (Fifty Thousand). Under the circ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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