2008 (7) TMI 427

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....gainst the judgment of the learned Additional Sessions Judge (FT) No. 3, Jodhpur, whereby he dismissed the appeal of the appellants and maintained their conviction and sentence u/s. 135(1)(i) of the Customs Act awarded by the ACJM (Economic Offences), Jodhpur, whereby they were sentenced to three years' R.I. and to pay a fine of Rs. 1000/- each and in default, to further undergo one month's S.I. ....

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....tor, Customs, Gadra Road made enquiry by recording the statements of various persons and thereafter the Superintendent (Law II), Central Excise & Customs, Jaipur viz; Shri B.L. Verma filed chargesheet against the petitioners Shaitan Singh and Sawai Singh u/s. 135(1)(i) of the Customs Act, 1962, hereinafter referred to as "the Act" before the Special Judicial Magistrate (Economic Offences), Jodhpur....

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...., learned Magistrate convicted the accused-appellants as above. Against this order of conviction, they preferred appeal which came to be dismissed by the learned Additional Sessions Judge (FT) No. 3, Jodhpur on 30-7-2007. The Appellate Court also ordered for confiscation of the Silver and also jeep RNM 7337. Against this appellate judgment, this revision petition has been filed. 3. Learned coun....

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....nder sub-clauses (A) to (D) of clause (i). So far as the present case is concerned, it is covered by sub-clause (C) of clause (i) of sub-section (1) of Section 135 i.e. the Silver, which is a prohibited goods notified in the Official Gazette of the Central Government and it provides punishment for seven years' imprisonment but there is a proviso to this sub-clause which says that in the absence of....