1979 INSC 0060
                                                         Inder

                                                           Vs

                                                State of Maharashtra

                                        Criminal Appeal No. 211 of 1973

                                      (Syed M. Fazal Ali, A. D. Koshal JJ)

                                                      24.01.1979

                                                     JUDGMENT

FAZAL ALI, J. ­

In this appeal by special leave the appellant has been convicted under Section 135(b) of Customs
Act, 1962 and sentenced to two years' rigorous imprisonment and a fine of Rs. 2000. He has also
been convicted under Section 85(ii) of the Gold Control Act and sentenced to two years' rigorous
imprisonment and a fine of Rs. 2000. The sentences of imprisonment were directed to run
concurrently. It appears that the appellant has already spent about a month in jail and after a lapse of
ten years it does not appear to be conducive to the ends of justice to send the appellant back to jail.
In these circumstances, therefore, while upholding the conviction of the appellant, we would reduce
the sentence of imprisonment to the period already served. In lieu of the sentence remitted we
impose a fine of Rs. 15,000 under each count, total being Rs. 30,000, in default six months' rigorous
imprisonment on each count. The appellant is allowed to pay Rs. 10,000 within a month from today
and balance of the amount to be paid within six months from today. With this modification, the
appeal is dismissed.

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