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TMI Blog2008 (12) TMI 425X X X X Extracts X X X X X X X X Extracts X X X X ..... d confined to the period of detention already undergone by him, Bail bond is cancelled - 520 of 2001 - - - Dated:- 4-12-2008 - Thomas P. Joseph, J. REPRESENTED BY : Shri T. Kuriakose Peter, for the Petitioner. Shri M.V. Ramachandran Thampi, for the Respondent. [Order]. Revision petitioner faced trial in the court of learned Additional Chief Judicial Magistrate (Economic Offences), Ernakulam for offence punishable under Section 135(1)(i) of the Customs Act, 1962 (for short, the Act ). He was found guilty, convicted and sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs. 20,000/-. He preferred an appeal. In appeal, conviction was confirmed but substantive sentence was modified as rigorous im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding the alleged search and seizure. Ext. P1 is the assay certificate issued by PW4. Ext. P2 is the mahazar for seizure. Revision petitioner was released on 10-8-1991 with direction to appear before PW1 the next day. Accordingly on 11-8-1991 revision petitioner appeared in the office of PW1 and his statement under Section 108 of the Act was recorded by PWs. According to PWs 1, 2 and 5, revision petitioner was not able to write the statement under in Malayalam and hence, it was recorded by PW5 and signed by PWs 1, 2 and 5 and the revision petitioner. PW4 stated that as instructed by PW1, he ascertained the purity of the three gold biscuits and five gold coins and issued Ext. P1, certificate. According to PW1, he used touchstone method to asc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... W5 under Section 108 of the Act. Since customs officer is not invested with all powers of police officer in charge of a station, statement given to such officer is not hit by Section 25 of the Evidence Act. It is true that statement of revision petitioner (Ext. P3) was recorded by PW5 for the reason that revision petitioner was not able to write the statement properly in Malayalam. But it is not shown that there was any foul play on the part of PWs 1, 2 and 5. It is also to be born in mind that statement of the revision petitioner was recorded on 11-8-1991, he, having been released on bail on 10-8-1991. Exts. P9 and P10 applications submitted by the revision petitioner after his arrest and release on bail. In Exts.P9 and P10 it is specially ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Additional Chief Judicial Magistrate observed that the policy of law regarding import of gold is undergoing drastic change and that revision petitioner, according to him, was taking the gold seized in connection with the marriage of his sisters. Though, not when questioned on the sentence to be awarded, revision petitioner has stated so in Ext. P10. That appears to have weighed with the Additional Chief Judicial Magistrate in limiting the substantive sentence to six months. Learned Sessions Judge was inclined to reduce the substantive sentence to three months. Now the request of the learned counsel is to confine the substantive sentence to the period of detention undergone by the revision petitioner, according to the counsel, for nine days ..... X X X X Extracts X X X X X X X X Extracts X X X X
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