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TMI Blog2018 (11) TMI 1480X X X X Extracts X X X X X X X X Extracts X X X X ..... formalities in respect thereof in India. The petitioner mis-declared the smuggled goods and stated on the relevant form that they were brought to India only on account of Ms. Rosy Chawla’s transfer of residence. However, during investigation, the said goods were discovered to be brand new purchases. It is, thus, apparent that the culpability of the petitioner is on the same if not lower footing as that of the co-accused Ms. Rosy Chawla. While affirming the order of conviction, subject to the petitioner depositing an additional fine of ₹ 25,000/-, the sentence awarded to him is reduced to the period already undergone and accordingly, his remaining sentence is waived - passport to be released. - CRL.REV.P. 684/2002 & CRL.M.As.18 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner does not assail the impugned order insofar as he was convicted under the Customs Act, but only seeks suspension of the substantive sentence awarded to him. He submits that a fine of ₹ 1 lakh already stands paid and the petitioner has already undergone two months of rigorous imprisonment after the six months sentence was awarded to him. 5. Mr. Deepak Gandhi further submits that as on date, the petitioner is over 70 years of age and the role attributable to him was in any case not more than that of the co-accused, Ms. Rosy Chawla in whose case this Court vide order dated 26.02.2009 in Crl.Rev.P. No.652/2002, has already waived the remaining sentence imposed upon her after she had undergone imprisonment of about one week. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said goods were discovered to be brand new purchases. It is, thus, apparent that the culpability of the petitioner is on the same if not lower footing as that of the co-accused Ms. Rosy Chawla. 8. In the light of the above and after carefully perusing the order dated 09.04.2002 passed by the learned Additional Metropolitan Magistrate, order dated 19.08.2002 passed by the learned Additional Sessions Judge and order dated 26.02.2009 passed by this Court in Crl. Rev.P. No.652/2002, I am of the considered opinion that the petitioner is entitled to the same benefit as granted to the co-accused, Ms. Rosy Chawla. 9. Accordingly, in view of the peculiar facts of the present case and for parity of reasons, while affirming the order of conv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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