N.L.ABHYANKAR
State – Appellant
Versus
Drupati Sahijisingh Bhawnani – Respondent
1. This is an application by the State for enhancement of sentence. Opponent Kumari Drupati Sahijising Bhawanani whose age, as stated by her counsel, is about 35 years was tried before the Chief Presidency Magistrate, Esplanade, Bombay, on two charges. The first charge was that on 8-6-1962 the accused knowingly and with intent to defraud the Government of duty amounting to Rs.2,460/- payable on wrist watches, watch straps and rings and Rs.2,241.22 nP. on other dutiable articles and/or with a view to evade prohibition and /or restriction for the time being in force by virtue of the Sea Customs Act on import thereof, acquired possession of the same and was concerned in carrying, keeping, removing, concealing and otherwise dealing with the same and thereby committed an offence under Section 167 (81) or the Sea Customs Act, 1878. The second charge was that on the same day she imported the said wrist watches, watch straps, rings and other dutiable articles in contravention of the Import Control Order 1955, read with Section 3 (2) of the Imports and Exports (Control) Act, 1947 and thus committed on offence under Section 5 of the Imports and Exports (Control) Act 1947.
(2) The complai
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