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TMI Blog2008 (9) TMI 297X X X X Extracts X X X X X X X X Extracts X X X X ..... r relevant factors discussed above, I am inclined to think that the period of imprisonment already undergone by the revision petitioner is sufficient in the ends of justice, along with a direction of payment of fine of Rs. 50,000/-. - 87 of 2001 - - - Dated:- 16-9-2008 - Thomas P. Joseph, J. Shri K. Rajagopalan, for the Petitioner. Shri K.V. Sabu (ACGSC), for the Respondent. [Order]. - The revision petitioner faced trial in the court of the learned Additional Chief Judicial Magistrate (Economic Offence) Ernakulam in CC No. 258/90 on a complaint preferred by the 1st respondent, the Assistant Collector of Customs for offence punishable under Section 135(1) of the Customs Act. The complaint was that on 7-3-90 while the officers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner is not legal and proper. (ii) The sentence imposed is excessive. 3. Perused the records. 4. Point No. (i) : Though the learned counsel submitted that the conviction of the revision petitioner is not justifiable on the materials available, on a consideration of the materials on record, I find that the argument cannot be sustained. PW1 who is the 'proper officer' within the meaning of Section 2(34) of the Customs Act, has given evidence regarding the alleged seizure of the gold biscuits from the baggage carried by the revision petitioner on the relevant day and time. That evidence is supported by the evidence of PWs 3 and 4, Ext.P1, the search list and Ext.P4, the test report. The statement of the revision petitioner under Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce of special and adequate reasons to the contrary to be recorded in the judgment of the court, such imprisonment shall not be for less than three years. When questioned on the sentence, the revision petitioner told the learned Additional Chief Judicial Magistrate that he is the sole bread winner of his family consisting of wife and three small children (on the date of conviction), a sister whose husband is no more, her two children and another sister who is bed ridden due to rheumatic complaint. He claimed that he has lost his job and hailed from poor financial conditions. He therefore requested that he may be pardoned. The learned Additional Chief Judicial Magistrate, however, observed that these are not special or adequate reasons as pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n petitioner as disclosed by the certificates mentioned above, I am persuaded to think that there are special and adequate reasons to impose sentence of imprisonment less than the minimum prescribed. Considering the value of the gold biscuits seized from the revision petitioner and all other relevant factors discussed above, I am inclined to think that the period of imprisonment already undergone by the revision petitioner is sufficient in the ends of justice, along with a direction of payment of fine of Rs. 50,000/-. Resultantly, this revision is allowed in part in the following lines: (a) The period of substantive sentence of imprisonment is confined to the period of imprisonment already undergone by the revision petitioner. (b) The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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