2005 (9) TMI 100 - HC - Customs

Summary

Issues:
Challenge to conviction under Sections 135(l)(a) and 132 of the Customs Act, 1962; Question of sentence modification.

Analysis:

Issue 1: Challenge to conviction under Sections 135(l)(a) and 132 of the Customs Act, 1962
The Revision Petition was filed against the Order of the Additional Sessions Judge, Delhi, upholding the conviction and sentence imposed on the Petitioner under Section 135(l)(a) and Section 132 of the Customs Act, 1962. The Counsel for the Petitioner argued that the appeal memo challenged the judgment as a whole, not piecemeal convictions. The High Court agreed, setting aside the part of the order noting the challenge only to one section. The Court found it incorrect for the Appellate Court to make such a distinction based solely on the cause title. Consequently, the High Court modified the order and upheld the conviction under both sections.

Issue 2: Question of sentence modification
The Counsel for the Petitioner requested to argue only on the question of sentence modification. The Petitioner, a first-time traveller, mistakenly crossed the green channel with audio cassettes, leading to their confiscation. The Petitioner had already undergone eight years of trial, paid the fine, and served 15 days of imprisonment. The Counsel argued that further incarceration would serve no useful purpose and would harm the Petitioner's rehabilitation in society. On the contrary, the Counsel for the Respondent opposed leniency, advocating for teaching the Petitioner a lesson to deter violations of the Customs Act. After considering the totality of circumstances, the High Court modified the sentence. The Court reduced the period of imprisonment to the time already served and increased the fine to Rs. 20,000 on both counts. The Petitioner was directed to deposit the amount with the trial court within two weeks; failure to do so would result in the original sentence taking effect.

In conclusion, the High Court disposed of the Criminal Revision Petition and the Miscellaneous Petition, maintaining the conviction under both sections while modifying the sentence to balance justice and social considerations.