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Issues:
- Appeal for reduction of sentence based on compassionate grounds. Analysis: The appellant, convicted under Section 135 of the Customs Act, 1962, appealed to reduce the sentence due to his seriously ill mother in Poland. The appellant's counsel argued that the mother's desire to see her son, supported by a letter from the Consulate of Poland, warranted a reduction in the remaining 7-month sentence. The counsel requested the Supreme Court to consider the humanitarian aspect and release the appellant immediately, given the substantial part of the sentence already served. The respondents opposed the plea, citing the serious nature of the allegations against the appellant. The High Court had previously rejected a similar plea for sentence reduction, referencing precedents like Devchand Kalyan Tandel v. State of Gujarat and K.I. Pavunny v. Assistant Collector, where leniency was not granted. However, in the K.I. Pavunny case, the Supreme Court had modified the sentence to a fine instead of imprisonment. After reviewing the case and considering the mother's illness, authenticated by the Consulate of Poland, and the short remaining sentence period, the Supreme Court allowed the reduction of the sentence. While maintaining the conviction, the Court modified the sentence to the period already served by the appellant. The appellant was ordered to be released immediately unless detained for other proceedings. The appeal was disposed of, granting the relief sought by the appellant based on compassionate grounds.
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