K. J. VAIDYA, J. ( 1 ) THESE two appeals, first one an appeal for the enhancement of sentence by the Assistant Collector of Customs (Prevention), Kandla (Original Complaanant), preferred before this Court, and second one by the Sumhadi Bin Maoris (the original accused No. 3) before the Sessions Court, Kachchh, at Bhuj (subsequently transferred to this Court), are directed against the common judgment and order dated 3-12-1992 rendered in C. C. No. 2836 of 1991 passed by the learned Chief Judicial Magistrtate, Kachchh, at Bhuj, wherein three respondents, namely, Wong Ah Boo, Asmi Firmanto, Sumhadi Bin Maoris who came to be tried for the alleged offences punishable under Sec. 135 (1) (a), 135 (1) (b), 135 (1) (i) of the Customs Act, 1962, under Sec. 5 (1) of the Import and Export (Control) Act, 1947 and under Sec. 120 (B) read with Sec. 34 of the Indian Penal Code, on their pleading guilty to the charge were convicted for the same and sentenced to undergo sentence of various rigorous imprisonments and fine, as stated in detail in paragraph hereinafter. ( 2 ) TO briefly narrate few relevant facts of the case as far as they are necessary to determine the question involved regarding the quantum for the enhancement of the sentence, it may be stated that on the basis of the secret information received that a Singapore registered merchant vessel, viz. , "m. V. Pacific Gembira" carrying wooden-logs to Kandla (India) had on board a very large quantity of silver and other contraband goods which will be off-loaded by it before reaching the destination, the officers of the Directorate of Revenue Intelligence, Bombay requested the Coast-Guard ship, viz. , "vijaya" to intercept the said vessel, viz. , "m. V. Pacific Gembira". Acting on this tip-off, on 19-5-1991, the Coast-Guard ship viz. , "vijaya" intercepted the said vessel in the mid-sea between Okha and Porbandar and was taken to Khandla Port on 20-5-1991 for necessary search and investigation. The DIR authorities thereafter rummaged the said vessel and ultimately as per the information received, they were able to recover on the end of 9th day, the silver of foreign make weighing 9528216 grams valued at Rs. 6,67,71,012. 00 (Rupees six crores sixty-seven lacs seventy-one thousand twelve) as well as 30 VCRs of foreign make worth Rs. 4,50,000. The DIR authorities thereafter rummaged the said vessel and ultimately as per the information received, they were able to recover on the end of 9th day, the silver of foreign make weighing 9528216 grams valued at Rs. 6,67,71,012. 00 (Rupees six crores sixty-seven lacs seventy-one thousand twelve) as well as 30 VCRs of foreign make worth Rs. 4,50,000. 00 (Rupees four lacs fifty thousand only) from the water Tank No. 2 for which the accused had neither any pass nor any permit nor any explanation to offer, and accordingly, the same came to be seized under the Panchnama. In all the contraband muddamal goods totalling more than Rs. 6,72,21,012 (Rupees six crores seventy-two lacs twenty-one thousand and twelve) were recovered. Incidentally, it may also be stated that at the relevant time Zanaidez B. Gomez, Wong Ah Boo, Asmy Firmanto, Sumhadi Bin Maoris were the persons employed in the vessel in question working in the capacity of the Master, Chief Engineer, Bosum and Chief-Cook respectively. During the course of further inquiry, statements of all the four accused persons came to be recorded under Sec. 108 of the Customs Act on 29-5-1991, wherein all of them admitted the role played by each one of them in respect of the contraband goods in question. Now despite the fact that the muddamal goods were contraband goods all the four accused persons acting in concert smuggled the same into Indian Territorial waters. On the basis of these allegations after obtaining necessary sanction, the Assistant Collector of Customs, Kandla filed a complaint on 3-12-1991 against all the four accused persons before the learned Chief Judicial Magistrate, Kachchh at Bhuj for the alleged offences punishable under Sec. 135 (1) (a), 135 (1) (b), 135 (1) (i) of the Customs Act, 1962, under Sec. 5 (1) of the Import and Export (Control) Act, 1947 and under Sec. 120-B read with Sec. 34 of the Indian Penal Code. Thereafter, the charge Exh. 43 was framed wherein except Zanaidez b. Gomez, master of the vessel in question, (trial separated) the rest of the three accused persons pleaded guilty and prayed for mercy in the matter of sentence. The learned Magistrate accordingly accepting the said "plea of guilty" in the presence of the learned Advocates for the accused passed the order of conviction and sentence as stated in detail in the chart tabulated below :-