Assistant Collector, Central Excise Division vs Ajdesh Kumar alias Jeevan Verma and Badra Dass

Viney Mittal, J.—The present appeal has been filed by the appellant for enhancement of the sentence awarded by the Chief Judicial Magistrate, Jalandhar to the respondent Badra Dass.

The respondent Badra Dass alongwith another person Ajdesh Kumar alias Jeevan was charged for the commission of offence u/s 85 of the Gold (Control) Act read with Section 135 of the Customs Act. The aforesaid Ajdesh Kumar was declared as proclaimed offender and only the respondent Badra Dass was tried for the commission of the aforesaid offence. The learned Chief Judicial Magistrate found the respondent Badra Dass guilty of the commission of offence u/s 85 of the Gold (Control) Act, 1968. However, since it was found that he was suffering from paralysis and could not talk properly nor he could move properly, therefore, a lenient view was taken of the matter while awarding the sentence. Accordingly, the respondent Badra Dass was sentenced to undergo rigorous imprisonment for 15 days and to pay a fine of Rs. 100/-. The appeal has now been filed by the Assistant Collector, Central Excise Division praying for enhancement of the aforesaid sentence.

I have heard Shri Ramesh Suri, the learned counsel for respondent No. 2 and have also gone through the record.

In my considered opinion, no interference is called for in the matter of sentence as awarded by the learned Chief Judicial Magistrate, Jalandhar. The Chief Judicial Magistrate has taken into consideration entire circumstances and has intentionally and consciously taken a lenient view of the matter. Even otherwise, the occurrence is stated to have taken place on January 31, 1986 i.e. more than 16 years back. In this view of the matter also no interference is called for. The present appeal is accordingly dismissed.