Senior Intelligence Officer vs Mr. Asfaqalam Shabbir
2024 Latest Caselaw 26117 Kant

Karnataka High Court

Senior Intelligence Officer vs Mr. Asfaqalam Shabbir on 4 November, 2024

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                                -1-
                                                             NC: 2024:KHC:44099
                                                         CRL.A No. 734 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 4TH DAY OF NOVEMBER, 2024

                                             BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                                 CRIMINAL APPEAL No. 734 OF 2020


                      BETWEEN:

                         SENIOR INTELLIGENCE OFFICER
                         DIRECTORATE OF REVENUE INTELLIGENCE
                         BANGALORE ZONAL UNIT
                         BANGALORE - 560 043
                         (SRI D P SURESH)
Digitally signed by                                              ...APPELLANT
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH        (BY SRI JEEVAN J NEERALGI, ADVOCATE)
COURT OF
KARNATAKA
                      AND:

                         MR. ASFAQALAM SHABBIR
                         S/O MR. SHABBIR
                         REGISTRATION No.A031970
                         OVERSEAS CITIZEN OF INDIA
                         BLOCK 816, JELLICOE ROAD
                         SINGAPORE - 200 816.
                                                               ...RESPONDENT

                           THIS CRL.A IS FILED UNDER SECTION 377 Cr.PC
                      PRAYING TO SET ASIDE THE SENTENCE OF IMPRISONMENT
                      DATED 05.11.2019 IN C.C.No.157/2019 IMPOSED BY THE
                      SPECIAL COURT FOR ECONOMIC OFFENCES, BENGALURU AND
                      ENHANCE     THE   SENTENCE   BY    IMPOSING MAXIMUM
                      PUNISHMENT PRESCRIBED UNDER SECTION 135(1)(b) AND
                      135(1)(c) OF CUSTOMS ACT AND ETC.,

                          THIS APPEAL COMING ON FOR ORDERS THIS DAY,
                      JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                              -2-
                                         NC: 2024:KHC:44099
                                      CRL.A No. 734 of 2020




CORAM:    HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR


                    ORAL JUDGMENT

1. This appeal is filed by the Directorate of

Revenue Intelligence, Bangalore Zonal Unit, Bangalore,

against inadequacy of sentence dated 05.11.2019 passed

in C.C. No. 157/2019 by the Special Court for Economic

Offences, Bengaluru.

2. Heard learned counsel for the appellant on

maintainability of appeal.

3. Maintainability of appeal had come up for

consideration before this Court in the case of The Income

Tax Department Vs. M/s. Jenious Clothing Private

Limited and another, Crl.A. No. 2104/2023 and

connected matters decided on 12.07.2024 wherein this

Court considering the relevant details has held that the

appeal filed by the Income Tax Department against the

inadequacy of sentence is not maintainable.

4. The present appeal is filed by the Directorate of

Revenue Intelligence, Bangalore Zonal Unit, Bangalore,

NC: 2024:KHC:44099

seeking enhancement of sentence imposed by the Special

Court for Economic Offences, Bengaluru.

5. For the reasons stated in the judgment stated

supra, the present appeal also is not maintainable. Hence,

the appeal is dismissed. Liberty is given to the appellant to

present the appeal before the jurisdictional Sessions Court

within a period of two months from the date of this

judgment. It is made clear that period which has been

spent before this Court will not come in the way for

considering the period of limitation, if the appeal is filed

before the jurisdictional Sessions Court within the time

noted supra.

6. In view of dismissal of the appeal, all pending

applications are disposed off.

Sd/-

(SHIVASHANKAR AMARANNAVAR) JUDGE

LRS