2009 (7) TMI 663

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....om the judgment of III Additional Sessions Judge, Ernakulam in Cr1. Appeal No. 477 of 2007 confirming conviction and sentence on petitioner for offence punishable under Section 135(1)(i) of the Customs Act (for short, "the Act"). 2. Case is that on 1-7-1999 at about 5.30 p.m. petitioner flew down to Karippur Airport from Dubai with primary gold of foreign origin weighting 3312 grams and a few o....

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....oner imported gold of foreign origin without valid document and without making disclosure of the same and thereby committed offence punishable under Section 135(1) (i) of the Act. Learned counsel submits that petitioner has already undergone sentence of imprisonment for one year awarded by learned magistrate and confirmed by the learned Additional Sessions judge and that of the fine of Rs.50,000/-....

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....f the gold with him or paid the duty payable thereof. There is no reason to interfere with the conviction so far as petitioner is concerned. 4. Learned magistrate sentenced the petitioner to undergo simple imprisonment for one year and for payment of fine of Rs.50,000/-. A default sentence of imprisonment for six months is also provided. Learned counsel submits that the substantive sentence is ....

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....nt to the order of the learned Additional Sessions Judge, that deposit will be adjusted in the fine pay able and as modified by this order. Resultantly this revision is allowed in part to the extent that fine awarded to the petitioner is modified as Rs.35,000/- (Rupees Thirty-five thousand only) and default sentence is modified as imprisonment for three months. It is directed that the amount if....