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Judgment
S.M. Daud, J.—The complainant to a prosecution u/s 135(1)(b) of the Customs Act, 1962, takes exception to the sentence imposed upon the respondent/accused by the Judicial Magistrate, First Class, Ichalkaranji.
On 12 February 1980, the accused was apprehended by the Superintendent of Customs, CPP, Kolhapur. Found on the person of the accused were various articles of foreign make. Accused could not produce a valid authorisation for their import, acquisition or possession. Therefore, the articles were attached. Adjudication proceedings were initiated and later on a prosecution was launched against the accused. Before the Magistrate the accused pleaded guilty and prayed for a lenient view. The Magistrate accepted the plea holding that having regard to the unblemished past of the accused and his youth, it was not necessary to impose a deterrent sentence upon him. For this reason, the accused was sentenced to imprisonment till the rising of the Court and a fine of Rs. 1500/-. Non-payment of fine was to entail additional R.I. for 2 months.
Aggrieved by the alleged inadequate sentence, the complainant has come up in appeal. I see no reason to take a different view from that which commanded itself to the learned Magistrate. That apart, the incident took place nearly 10 years ago. The punishment of fine imposed on the accused is quite adequate, having regard to the value of the seized property. The result is that the appeal fails and is hereby dismissed.