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1992 DIGILAW 949 (SC)

Rohit Kumar Mehra v. Asstt. Collector, Customs, Ministry of Revenue, Amritsar

1992-11-16

A.M.AHMADI, S.MOHAN

body1992
ORDER : A.M. Ahmadi, J. Special leave granted. 2. The incident which has given rise to this appeal is of 1981. The appellant has been convicted under Section 135 of the Customs Act, 1962 and Section 85 of the Gold Control Act and has been sentenced to suffer rigorous imprisonment for one year and three months and a fine of Rs 1500 and in default to suffer rigorous imprisonment for three months on the first count and on the second count he has been directed to suffer rigorous imprisonment for one year and to pay a fine of Rs 1500 in default to suffer rigorous imprisonment for three months. The learned counsel for the appellant does not challenge the conviction of the appellant on the aforesaid two counts but submits that having regard to the fact that the appellant was a young boy of 19 years at the date of commission of the offence and has since taken to cloth business and having regard to the passage of time we may not require him to go to jail as was done in the case of Inder v. State of Maharashtra, (1979) 4 SCC 484 . The learned counsel for the respondent states that the respondent will submit to such orders as this Court considers appropriate. 3. Having regard to the fact that more than a decade has passed since the date of the commission of the crime and he has not come for adverse notice since then and appears to have settled down in life and also having regard to the fact that the Gold Control Act has since been repealed, we think that a lenient view may not be out of place in the facts and circumstances of this case. We, therefore, order the substantive sentence to be that already undergone and increase the fine to Rs 25,000 on each count. We direct that failing payment of fine he will suffer imprisonment for one year and three months on each count. The sentence will stand so altered. 4. The appeal will stand disposed of accordingly.