9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (12) TMI 798 - HC - CustomsConviction of sentence - fist time offender - awarding of sentence / punishment lower than as statutory punishment prescribed under the provisions of the Customs Act - Section 135(3)(1) of Customs Act - HELD THAT - The provision relied on by the learned counsel for the petitioner is very clear that the special reason excludes the first time offender as per Section 135(3)(i) of the Customs Act. Therefore, the reliance placed by the Magistrate for passing special sentence less than statutory minimum punishment per se appears to be in violation of the provisions of the Customs Act and therefore, the same is liable to be interfered with. The sentence passed by the learned Judicial Magistrate is therefore, contrary to the specific provision of the Customs Act and therefore, it calls for interference from this Court. This Court is of the view that the matter is to be remanded back to the learned Judicial Magistrate for fresh consideration and passing orders in terms of Section 135 of the Customs Act, 1962 - appeal allowed by way of remand.
Issues:
1. Interpretation of Section 135 of the Customs Act, 1962 regarding sentencing guidelines. 2. Validity of passing a sentence below the statutory minimum punishment. 3. Discretion of the Magistrate in awarding punishment. Analysis: 1. The judgment revolves around the interpretation of Section 135 of the Customs Act, 1962, specifically focusing on the sentencing provisions. The petitioner challenged the order of the Judicial Magistrate sentencing the respondent to imprisonment till the rising of the court and imposing a fine under Section 241 of the Cr.P.C. The petitioner argued that the minimum sentence under Section 135 is one year unless special reasons are provided. However, the Magistrate's decision to sentence the respondent below the statutory minimum was questioned. 2. The petitioner contended that the Magistrate's reasoning for imposing a lenient sentence due to the respondent being a first-time offender did not align with the provisions of Section 135(3)(i) of the Customs Act. It was argued that special reasons excluding first-time offenders from leniency were not considered by the Magistrate. The respondent's counsel, on the other hand, defended the Magistrate's discretion in awarding a sentence below the statutory punishment if not deemed arbitrary or perverse. 3. The High Court, after considering both parties' submissions, found that the Magistrate's decision to pass a sentence below the statutory minimum appeared to contravene the provisions of the Customs Act. The Court held that the Magistrate's reliance on the respondent being a first-time offender as a special reason was not in line with the Act's requirements. Consequently, the Court ordered the matter to be remanded back to the Judicial Magistrate for fresh consideration and directed the Magistrate to pass orders strictly in accordance with Section 135 of the Customs Act within three months from the date of the order. In conclusion, the Criminal Revision Petition was allowed, and the matter was remanded for reconsideration in adherence to the statutory provisions of the Customs Act, emphasizing the importance of following the specified sentencing guidelines.
|
