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TMI Blog2014 (5) TMI 903X X X X Extracts X X X X X X X X Extracts X X X X ..... tence required to be awarded under Section 265E (c) was 1 year. Consequently the impugned order of the learned ACMM is set aside - Matter remitted to re hear fresh - Decided in favour of Revenue. - W.P. (CRL) No. 258 of 2012 and Crl. M.A. No. 2195 of 2012 (Stay) - - - Dated:- 10-5-2013 - Mukta Gupta, J. Shri Satish Aggarwala, Sushil Kaushik and Ms. Khushboo Garg, Advocates, for the Petitioner. Shri Anil, Advocate, for the Respondent. ORDER The petitioner is aggrieved by the order on sentence passed by the learned Trial Court in Complaint Case No. 118/1/94 under Section 132 read with Section 135(i)(a) of the Customs Act, 1962, pursuant to application of plea bargaining filed by the respondent. 2. Allegedly 9 kgs gold ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atement of the officers of the petitioner were also recorded who clearly stated that the Department had no objection in case the accused pleaded guilty for offence and if the accused is awarded proper sentence as per the provisions of plea bargaining. This sentence which has been awarded by the learned Trial Court after accepting the plea of plea bargaining is the bone of contention. 3. According to the learned counsel for the petitioner, the learned Trial Court could not have sentenced the petitioner for the period undergone as the minimum sentence prescribed in a case of smuggling of gold at the relevant time was three years and in terms of the Section 265E(c) of Cr. P.C. the respondent ought to have been awarded imprisonment for a per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed as special and adequate reasons for awarding a sentence of imprisonment for a term of less than one year, namely, - (i) the fact that the accused has been convicted for the first time for an offence under this Act; (ii) the fact that in any proceeding under this Act, other than a prosecution, the accused has been ordered to pay a penalty or the goods which are the subject-matter of such proceedings have been ordered to be confiscated or any other action has been taken against him for the same act which constitutes the offence; (iii) the fact that the accused was not the principal offender and was acting merely as a carrier of goods or otherwise was a secondary party to the commission of the offence; (iv) the ag ..... X X X X Extracts X X X X X X X X Extracts X X X X
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