1979 (1) TMI 106

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....1975 of the learned Additional Sessions Judge No. 2, Jodhpur convicting the accused-petitioner under Section 135 of the Custom Act, 1962 and sentencing him to rigorous imprisonment for 16 years and a fine of Rs. 1000/- and in case of default in payment of fine further rigorous imprisonment for six months. 2. Briefly stated the facts are that on 31-8-1968 the accused-petitioner .was found in pos....

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....t was argued by them that purchase of smuggled gold is an anti-social offence which should be dealt with heavy hand. Such trade in smuggled goods undercuts the economy of the country. Such an offence therefore, does not call for a lenient view. My attention was also drawn to the case of Soni Vallabhdas Liladhar & Anr. v. Soni Narandas Nagjibhari (A.I.R. 1965 S.C. 481) wherein the sentence was not ....

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....rious types of offences which are anti-social in nature and also the offenders who commit the offence. Therefore, with regard to the offenders it has to be seen whether the offender is a habitual smuggler or a trader in the smuggled goods. If he belongs to this class he ought to be dealt with a heavy hand. However, the offender may be of a class which is tempted to make some occasional purchase fo....

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....rs after the offence will not to be felt by the society and in the absence of adequate public education such a sentence will not serve any useful purpose. I am, therefore, of the view that each case will have to be decided in its own facts and circumstances and where a heavy sentence is sought, adequate circumstances should be brought in support of the demand. It would not suffice to merely urge t....