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2004 DIGILAW 881 (SC)

R. K. Jaleel v. Assistant Collector of Customs

2004-08-02

A.R.LAKSHMANAN, K.G.BALAKRISHNAN

body2004
ORDER : 1. Leave granted. 2. Heard learned counsel for the appellant and learned ASG for respondents. The appellant was convicted by the Magistrate for being in possession of five gold biscuits of foreign origin without there being any permission under the Customs Act. He was sentenced to undergo imprisonment for one year and also a fine of Rs. 15,000/-. The appellant has already surrendered and has undergone sentence for a period of more than a month. He has paid fine of Rs. 15,000/-. 3. The sentence of one year imprisonment for the offence is on the higher side. The contraband article was confiscated and a fine also was imposed on the appellant. Having regards to the facts and circumstances of the case, his conviction is confirmed but the sentence is reduced to the period already undergone by the appellant and he is directed to be released forthwith, if not required in any other case. The appeal is disposed of accordingly.