https://www.taxtmi.com/caselaws?id=247976 Where a customs prosecution involving gold carries a statutory minimum sentence, disposal through plea bargaining must comply with Section 265E(c) of the Code of Criminal Procedure, 1973. The court must impose the sentence required by that provision and cannot replace it with the period already undergone if that term is below the mandatory statutory fraction of the minimum sentence. In the stated facts, the accused had undergone only seven months, so the sentence of time served did not meet the statutory requirement. The sentence order was therefore unsustainable and the matter was remitted for fresh decision. en-us Fri, 10 May 2013 00:00:00 +0530 Thu, 04 Jun 2015 14:09:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=247976 Where a customs prosecution involving gold carries a statutory minimum sentence, disposal through plea bargaining must comply with Section 265E(c) of the Code of Criminal Procedure, 1973. The court must impose the sentence required by that provision and cannot replace it with the period already undergone if that term is below the mandatory statutory fraction of the minimum sentence. In the stated facts, the accused had undergone only seven months, so the sentence of time served did not meet the statutory requirement. The sentence order was therefore unsustainable and the matter was remitted for fresh decision. Case-Laws Customs Fri, 10 May 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=247976