2013 (11) TMI 858 - HC - Customs

Quantification of punishment - Conviction u/s 135 - Appellants do not contest conviction but only period of imprisonment - Held that - petitioners are senior citizens and are facing the agony of trial for the last more than 23 years and no purpose would be served by sending them behind bars after such a long period, the petitioners are stated to be first offenders and they are having no criminal background as no criminal case is pending against them, they have also undergone actual custody of 01 year 02 months and 24 days against the total sentence of three years and keeping in view the limited prayer of the petitioners as the learned counsel for the petitioners does not want to contest conviction, the sentence of the petitioners is reduced to the period already undergone, if not required in any other case - However, amount of fine increased - Decided partly in favour of appellants.

Summary

Issues:
Challenge to judgment of trial Court and Appellate Court regarding conviction under Section 135 of the Customs Act, 1962, sentencing, and confiscation of gold biscuits and foreign currency.

Analysis:
The petitioners filed a revision petition to challenge the judgment of the trial Court and the Appellate Court where they were convicted under Section 135 of the Customs Act, 1962. The trial Court sentenced them to three years of rigorous imprisonment, a fine of Rs. 5,000 each, and confiscation of recovered gold biscuits and foreign currency. The Appellate Court upheld this decision. The petitioners then filed the present revision petition, which was admitted, and their sentence was suspended, leading to their release on bail.

The petitioners did not contest the conviction but sought a reduction in the sentence to the period already served. Their counsel emphasized their advanced age, the lengthy trial process spanning over 23 years, their status as first-time offenders with no criminal background or pending cases, and the fact that they had already spent 1 year, 2 months, and 24 days in custody. Considering these factors, the Court decided to reduce their sentence to the time already served and increased the fine to Rs. 15,000 each while upholding the conviction.

In conclusion, the revision petition was disposed of with the modification of the sentence and fine. The Court took into account the petitioners' circumstances, including their age, lack of criminal history, and time already spent in custody, to adjust the punishment while maintaining the conviction under Section 135 of the Customs Act, 1962.