1986 (4) TMI 74

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..... The police having fortified themselves with two panchas, posted themselves at the Thane Rest House on the Bombay-Poona Main Road. At 4.45 a.m. they noticed the truck and signalled it to stop. Instead of heeding the signal, the speed of the truck was increased indicating an attempt to escape. A chase was given and the truck grounded to a halt near the Ashoka Stambh at Thane. At the wheel was Ramchandra Narayan Virkud (accused No. 7). Ahmed Yusuf Adhikari (accused No. 8) was the cleaner of the truck. There were several others on the rear side and the truck was bulging with goods. The same was examined by officers of the Customs and Central Excise Department. A secret compartment was found below the driver's seat, and this on being opened was .....

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..... run concurrently. Subject to this variation, the verdict of the Magistrate, insofar as it related to the petitioners, was affirmed. The limited question argued before me is about the propriety of the sentence imposed on the petitioners. The submission is that, having regard to all the circumstances, the sentence should have been reduced to the period already undergone. Thus submission is refuted by Counsel representing the Customs who points out that there has been a reduction in the sentence by the Sessions Court, and that there is no scope for a further reduction. Thus the only point arising for determination is, whether the sentence imposed upon the petitioners should be reduced, and, if so, the extent thereof? 5. Mr. Vakil, appearing .....

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..... on the petitioners. There cannot be a precedent in the matter of awarding sentences. What has to be taken into consideration is the situational background in each case. Insofar as the petitioners are concerned, they are the owner, driver and cleaner respectively of a truck used in the transport of contraband. It is no one's case that the contraband was owned or possessed, in that sense of the word, by the petitioners. Apart from freight and that, on the high side, none of the petitioners was going to get an extra reward for the transportation of the contraband. The occurrence took place in the year 1969, and the time spent by the petitioners in facing the prosecution in the Court of the Magistrate and waiting for the verdict of the Sessions .....

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