JUDGMENT

Srinivasan, J.-The appellant is the 8th accused in Criminal Case 240 of 1974 on the file of Judicial Magistrate, 1st Class, Umbergaon. He was held guilty of the           offence punishable under Section 135(1-A) and 135(1-B) of the Customs Act, 1962 and also under Section 25 of the Gold Control Act, 1968. He was sentenced to undergo rigorous imprisonment for a period of six years and pay a fine of Rs. 5,000/- for each of the offences under the Customs Act and rigorous imprisonment for a period of 2 years and pay a fine of Rs. 2,000/- for the offence under the Gold Control Act. The sentences of imprisonment were directed to run concurrently. Along with the appellants some other accused were also convicted. There were appeals by the State Government as well as the Assistant Collector of Customs and an appeal by the appellant before the High Court of Gujarat. The High Court while confirming the conviction, partly allowed his appeal and reduced the sentence of imprisonment under Sections 135(1-A) and 135(1-B) of the Customs Act to five years rigorous imprisonment. Aggrieved by the said judgment, the appellant preferred these appeals on Special Leave.

2. The main contention of