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1974 Supreme(Online)(AP) 1

ANDHRA PRADESH HIGH COURT
, J
Public Prosecutor (A.P.) v. Sri Changanraju


Advocates:
For the Appellants/Petitioners: State Counsel
For the Respondents: Sri M. S.K. Sastry

1. The Additional Munsif Magistrate, Tenali convicted the respondent for offences under S.435(b)(ii) of the Customs Act and S.85(ii) of the Gold Control Act and sentenced him to suffer rigorous imprisonment for six months and also to pay a fine of Rs. 1,000/- in default to suffer - rigorous imprisonment for two months, under each of the two counts. The sentences, excepting the one in default, were directed to run concurrently. The first additional Sessions Judge. Guntur on appeal confirmed the convictions and also the sentence of fine, but reduced the sentence of imprisonment to the period already undergone. The State has brought this revision case for enhancement of the sentence.

2. Learned Counsel for the respondent has exercised his right under S.439(6). Criminal P.C. and has endeavoured to show cause against his conviction. Consequently, I am now called upon to consider not only the sufficiency of the sentence but the correctness of the conviction as well.

3. Before I go into these aspects, it is convenient to briefly state the circumstances of the case. The charge against the respondent is that on 6-2-1969 at about 11 a.m. a raid was made by the Customs Officials on his reside























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