STATE OF MAHARASHTRA Vs. MOHAMED SULEMAN SUMANIA

JUDGEMENT

(1.) THE above appeal is filed, under Section 377 of the Code of Criminal Procedure, 1973, contending that the sentences awarded against the respondents 1 to 12, who were the accused, in Criminal Case No. 405 of 1975, in the Court of the Chief Metropolitan Magistrate, Esplanade, Bombay, were grossly inadequate as after convicting each of them under Section 135 (1) (i) read with Section 135 (1) (a) of the Customs Act, 1962 and under Section 5 of the Imports and Exports (Control) Act, 1947, the learned Magistrate ordered:

(2.) THE case was instituted against the 12 accused persons upon a complaint filed by the Assistant Collector of Customs, Preventive Department, Bombay on August 14, 1975, in the Court of the Chief Metropolitan Magistrate, Esplanade, Bombay. It was alleged in the complaint as fellows:

(3.) THE said customs officers intercepted, after a long chase off Alibag, one of the two crafts namely the big mechanised Arab Dhow, while the other fishing craft made good its escape for the time being, The Registry Certificate of the said Arab Dhow revealed its name as 'alfazal', and it was shown to have been built in Pakistan. The said Arab Dhow was shown to be owned by one Abdul Ibrahim Siddik of Dubai. The said Arab Dhow was found to be occupied by accused Nos. 1 to 9.