Customs offence sentencing was reduced after an isolated attempt and confiscation of goods were considered.

Conviction for customs offences was maintained, but the sentence was reconsidered on quantum alone. The court noted that the attempt appeared isolated, not part of an organised or habitual smuggling operation, and that the contraband had already been confiscated. In those circumstances, the original 2-year imprisonment was found excessive and was reduced to 6 months to meet the ends of justice. The fine was enhanced to Rs. 1 lakh, with default imprisonment of 2 months.

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Issues: Whether the sentence imposed upon conviction for customs offences warranted reduction having regard to the isolated nature of the attempt, the value of the contraband, and the confiscation already effected.

Analysis: The conviction was not interfered with. The only matter considered was the appropriate quantum of sentence. The order notes that the attempt was isolated and not shown to be part of an organised or habitual smuggling operation. It also notes that the goods had been confiscated and that the imprisonment of 2 years was excessive in the circumstances. The sentence was therefore re-assessed to meet the ends of justice.

Conclusion: The sentence of imprisonment was reduced from 2 years to 6 months and the fine was enhanced to Rs. 1 lakh, with default imprisonment of 2 months.

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