Punjab-Haryana High Court
Harish Chander vs Inspector Of Customs on 15 January, 2014
CRR No.96 of 2014 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
*****
Criminal Revision No.96 of 2014 (O&M)
Date of Decision: 15.01.2014
Harish Chander ... Petitioner
Versus
Inspector of Customs, Anti Smuggling Customs Commissionerate
... Respondent
CORAM: HON'BLE MR. JUSTICE MAHAVIR S. CHAUHAN
Present: Mr. Mandeep Kaushik, Advocate,
for the petitioner.
MAHAVIR S. CHAUHAN, J. (ORAL)
The petitioner, who was caught by the Customs authorities with 18 gold biscuits of foreign origin, was tried for and convicted under Section 135 of the Customs Act and Section 120B of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of Rs.5,000/- and in default of payment of fine to undergo further rigorous imprisonment for a period of two months, by the Court of Chief Judicial Magistrate, Amritsar, vide judgment of conviction and order of sentence dated 05.08.2011.
Criminal Appeal No.324 of 2011 brought by the petitioner to challenge the judgment of conviction and order of sentence dated 05.08.2011 has been dismissed by the Court of Additional Sessions Judge, Amritsar, vide judgment dated 03.12.2013.
To challenge the findings so recorded by the courts below, Virender Singh Adhikari 2014.01.16 18:35 I attest to the accuracy and integrity of this document High Court Chandigarh CRR No.96 of 2014 (O&M) -2- petitioner is before this Court by way of instant criminal revision petition.
Heard.
Notice of motion.
On the asking of this Court, Mr. Rajat Mor, Deputy Advocate General, Haryana, accepts notice on behalf of the respondent.
When the learned counsel for the petitioner could not point any illegality, irregularity or jurisdictional error in the judgment of the courts below, he stated that petitioner does not question the correctness of the findings so recorded by the learned trial Court as affirmed by the learned appellate court, leading to conviction of the petitioner but the petitioner be shown leniency as regards the quantum of sentence he being the first offender and only bread winner of the family.
To this, learned State Counsel has no serious objection. In the consequence, the judgment of conviction passed by the trial Court as affirmed by the appellate court is maintained. However, order on quantum of sentence is modified to the extent that substantive sentence awarded to the petitioner is reduced to 1½ years rigorous imprisonment but sentence of fine is enhanced from Rs.5,000/- to Rs.25,000/-. Default clause, however, shall remain unaltered.
With the aforesaid modification in the order of sentence dated 05.08.2011 passed by the trial Court, the revision petition is dismissed.
(MAHAVIR S. CHAUHAN) JUDGE 15.01.2014 adhikari Virender Singh Adhikari 2014.01.16 18:35 I attest to the accuracy and integrity of this document High Court Chandigarh