9911796707
TMI Blog2013 (9) TMI 782X X X X Extracts X X X X X X X X Extracts X X X X ..... l Revision No.536 of 2003 has been filed by Shubegh Singh, whereas, Criminal Revision No.509 of 2003 has been filed by Balkar Singh and Labh Singh. The present revision petition has been filed by the petitioner against the judgment of conviction awarded under Section 135 of the Customs Act, whereby, he was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.5,000/- and in default thereof to further undergo rigorous imprisonment for a period of six months. The judgment of conviction passed by the trial Court was upheld by the Additional Sessions Judge, Amritsar. Briefly, the facts of the case as made out by the prosecution are that on 31.10.1990, B.S.F. Party consisting of Assistant Commandant, In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fered a lot since lodging of the complaint i.e 24.03.1992 and he is facing the agony of trial since then. Learned counsel further submits that the petitioner is first offender and no other case of similar nature is pending against him. The benefit of probation could have been given to him by the trial Court but the same has not been considered. Learned counsel also submits that a lenient view be taken keeping in view the fact that the petitioner is facing the agony of trial since the year 1992. Learned counsel also relies upon various judgments of Hon'ble the Apex Court as well as the judgments of this Court in cases Inder vs State of Maharashtra 1980 AIR (SC) 311, Rohit Kumar Mehra vs Asstt. Collector, Customs, Ministry of Revenue, Amrits ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... biscuits. In the instant case, the recovery from the present petitioner is 100 gold biscuits of foreign region and the case is of the year 1992. Accordingly, the request of the petitioner is accepted and the conviction is upheld and the sentence is reduced to the period already undergone. However, the sentence of fine is enhanced to Rs. one lac and the same be deposited within a period of three months from the date of receipt of certified copy of this order. The sentence of other accused namely Balkar Singh and Labh Singh is also reduced to the period already undergone subject to deposit of fine Rs. one lac each. However, in case, the increased fine is not deposited within the stipulated period, the benefit of reduction of sentence shall ..... X X X X Extracts X X X X X X X X Extracts X X X X
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