GULAM DASTAGIRUSIF SHEKH Vs. D B BHAPPU ASSTT COLLECTOR

JUDGEMENT

(1.) This is a revision application; against . the order dated October, 11, 1976, passed by the Court of Sessions, Greater Bombay, in Criminal Appeal No. 463 of 1976.

(2.) The brief facts leading to the present revision application are as follows:-

(3.) According to the prosecution, on the 17th of April 1975, both the said accused were arrested redhanded in a boat in the territorial sea waters which boat was carrying contraband goods, namely the foreign textiles valued at Rs. 392, 324/-at the local market rate. Pursuant to their arrest with the said goods, their statement was recorded under section 108 of the said Act and thereafter, they were charge-sheeted before the learned Chief Metropolitan Magistrate. At the trial after the charge was framed both the accused pleaded guilty. Therefore, the learned Chief Metropolitan Magistrate convicted each of the accused for the offence under section 135(1) (i ) r. w. s. 136 (1) (a) of the said Act and sentenced each of them to R I for 2.5 years and a line of Rs. 500/- and in default to undergo further R. I. for seven days, He also convicted each of them for the offence under section 135 (1) (i) r. w- s. 135 (1) (b) of the said Act and sentenced each of them to R. I, For 2.5 years and a fine of Rs. 500/- or undergo R. 1. for seven days, He also convicted each of the accused under section 5 of the Imports and Exports (Control) Act, 1947 and sentenced each of them similary. He further directed the substantive sentences to run concurrently.