9911796707
TMI Blog2014 (4) TMI 149X X X X Extracts X X X X X X X X Extracts X X X X ..... o other criminal proceedings pending against him - Even the currency and other articles in the nature of Kranti dhotis that were confiscated relate to the year 1996 - Even the concession of bail granted to the petitioner in the year 2003 has not since been mis-used - The petitioner has already faced a protracted trial of more than a decade - He has already undergone a period of two months and eleven days out of the substantive sentence of one year rigorous imprisonment awarded to him - The conviction of the petitioner is upheld and the revision petition to such extent is dismissed - However, the sentence awarded to the petitioner is reduced to the period already undergone by him subject to deposit of fine as imposed by the trial Court, if n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the petitioner to declare Indian/Foreign currency, if any, available on his person. Reply in the negative was again given by Sardara Singh. Search of his person was ordered. He was brought to counter No.9 near the main exit gate and he was searched in the presence of two independent witnesses, namely, Ashok Kumar and Jaswinder Singh. The search yielded Indian currency amounting to Rs. 24,200/- and Pakistani currency amounting to Rs. 1,08,250/- i.e. total amounting to Rs. 1,32,450/-. The money was found to be kept by Sardara Singh in the inner pockets of the trousers worn by him. Even his baggage was searched in the presence of the independent witnesses and 30 pairs of Kranti dhotis worth Rs. 3750/- were recovered. In pursuance to the tria ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve heard learned counsel for the parties. 6. It has gone undisputed that the petitioner was a first time offender and there are no other criminal proceedings pending against him. Even the currency and other articles in the nature of Kranti dhotis that were confiscated relate to the year 1996. Even the concession of bail granted to the petitioner in the year 2003 has not since been mis-used. The petitioner has already faced a protracted trial of more than a decade. He has already undergone a period of two months and eleven days out of the substantive sentence of one year rigorous imprisonment awarded to him. 7. This Court is of the considered view that the ends of justice would be met if the sentence awarded to the petitioner is reduce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act on the allegation that he was found in possession of 48 wrist watches costing about Rs. 22,000/-. Incident happened on Ist January, 1976. We do not think it necessary to confirm the sentence of one year imposed on him due to this distance of time and also due to the broad aspect involved in this case including the value of the contraband seized from him. We, therefore, reduce the sentence to the period of imprisonment which appellant has already undergone. The appeal is disposed of accordingly. Order accordingly. 9. In view of the reasons recorded above, the conviction of the petitioner is upheld and the revision petition to such extent is dismissed. However, the sentence awarded to the petitioner is reduced to the period alr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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