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2013 (9) TMI 782

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..... undergone - However, the sentence of fine was 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 was also reduced to the period already undergone subject to deposit of fine Rs. one lac each. - Crl. Rev. No.536 of 2003, Crl. Rev. No.509 of 2003 - - - Dated:- 20-8-2013 - Daya Chaudhary,JJ. For the Petitioner : Mr. V. K. Jindal, Advocate For the Respondent : Mr. Rajesh Hooda, Advocate and Mr. Kamal Sehgal, Advocate ORDER Daya Chaudhary, J. This order shall dispose of both Criminal Revision No.536 of 2003 and Criminal Revision No.509 of 2003 as both have arisen out o .....

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..... or said offence before the Chief Judicial Magistrate, Amritsar and was convicted under Section 135 of the Customs Act, 1962 and was sentenced/convicted with fine. The recovered gold biscuits were ordered to be confiscated to the State under Section 113 of the Customs Act. Aggrieved by the judgment of conviction and order of sentence dated 15.03.2001, the petitioner filed an appeal before the Additional Sessions Judge, Amritsar which was dismissed on 17.02.2003 and the judgment of trial Court was upheld. The present revision petition has been filed by the petitioner after losing his case before the two Courts below. Learned counsel for the petitioner has raised various arguments to challenge the conviction but ultimately, he prays that i .....

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..... e petitioner does not deserve leniency keeping in view the seriousness of offence. Heard the arguments of learned counsel for the parties and have also perused the judgments of both the Courts below. Admittedly, the petitioner has not challenged the conviction of the accused and prays for taking lenient view keeping in view the fact that he is facing the agony of trial since lodging of the complaint i.e 24.03.1992. More than 21 years have passed and the petitioner was only a carrier. Keeping in view the submission made by learned counsel for the petitioner and also the fact that the petitioner is facing the agony of trial since the year 1992 and he was simply a carrier and there is no other case pending against him, the prayer of the .....

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