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TMI Blog2022 (1) TMI 576X X X X Extracts X X X X X X X X Extracts X X X X ..... se would be served asking him to undergo further sentence of nearly 19 months, if at all, he has to undergo the same - Though adjudication proceedings were initiated for an attempted export which was not believed because goods were not found within the specified area for the purpose of export. The sentence imposed by the trial Court and confirmed by the Appellate Court is modified to the period already undergone, as aforesaid, enhancing the fine of ₹ 5,000/- to that of ₹ 5,00,000/- to be paid by the applicant within a period of 12 weeks from today - the present revision application is allowed. - R/Criminal Revision Application No. 318 of 1990 - - - Dated:- 23-12-2021 - Honourable Mr. Justice Umesh A. Trivedi For the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the spot, for which, an information was received. At about 3:45 a.m. when they were keeping surveillance at Sarkhej road near Sapna Theater, one scooter as also car of the description mentioned in the intelligence, passed through, and therefore, the Custom Officers chased those vehicles and could be seen stationary near railway crossing on National Highway No.8-A near Sarkhej Village. [2.1] It is further the case of the prosecution that accused No.1 Mahesh Kantilal Soni shown in the complaint is said to be driving the car, whereas accused No.2- Narendra Kantilal Shah is said to be driving the scooter piloting the same. On inspection into the car, from the front seat as also rear seat, silver slabs were found. Over and above that by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t he had alighted for the purpose of urinal and the car was driven by his driver Safikhan. After considering defence raised by the applicant as also examining the evidence led before the Court, the applicant alongwith other co-accused were convicted, and therefore, they preferred three different appeals in the Court of learned Sessions Judge, Ahmedabad (Rural). However, the appellate Judge has also dismissed the appeals preferred by all the accused by common judgment and order dated 14.06.1990. [2.3] Though no details are available with regard to revision application that might have been filed by the other co-accused, Mr. Dilip Ahuja, learned advocate representing the present applicant submitted that both the co-accused i.e. Mahesh Kan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of sentence by now alongwith the fact that in an adjudication proceedings, the goods have already been ordered to be returned back to the applicant as the appellate authority has set aside the order of confiscation passed by the first authority, considering the pendency of proceedings for about 31 years from the date of filing of the revision application and 38 years from the date of commission of an offence, considering all these mitigating circumstances, a leniency be shown to the applicant and without ordering him to further undergo the sentence, a fine is enhanced, it would meet ends of justice. Therefore, he has requested that revision application may be partly allowed confirming the judgment of conviction and reducing the sentence al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e applicant and rightly so, requesting the Court to interfere with the sentence on following mitigating circumstances: I. The applicant accused as on date is aged about 70 years; II. He has undergone 17 months and 18 days of sentence by now, which is confirmed through the learned APP Ms. C.M.Shah and she readily made available data confirming the same; III. Adjudication proceedings undertaken for attempted export has ended in favour of the applicant and silver is ordered to be returned back to the applicant by the appellate authority against the order of adjudicating authority; IV. These proceedings remained pending for about 31 years from the date of filing of the aforesaid revision application as also for nearly about 38 yea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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