2013 (4) TMI 848 - HC - Customs

High Court affirms conviction, reduces sentence to time served, increases fine

The High Court upheld the petitioner's conviction and sentence for Customs Act offences, awarding a one year and six months substantive sentence. The ... - Issues involved: Conviction and sentence for offences u/s 132/135(1)(a) of the Customs Act, reduction of substantive sentence, application of reformative approach.Conviction and Sentence: The High Court upheld the petitioner's conviction and sentence for offences u/s 132/135(1)(a) of the Customs Act, awarding a substantive sentence of one year and six months. The petitioner did not press for revision on merits, acknowledging no illegality in the judgment. The recovery of 655.400 gms of gold valued at Rs. 2 lakhs was noted, along with the petitioner's clean antecedents and personal circumstances.Reduction of Substantive Sentence: The petitioner's counsel argued for reducing the sentence due to the petitioner's 25 years of legal proceedings, 26 days in custody, family responsibilities, and livelihood as a gold ornament repairer. The Court, citing precedents, emphasized the need for a reformative approach and considered legislative benevolence in toning down punishment. The substantive sentence was reduced to the period already undergone, with the fine increased to Rs. 25,000.Reformative Approach: In light of the petitioner's circumstances and legal principles, the Court reduced the substantive sentence, emphasizing the importance of not subjecting individuals to greater penalties than prescribed by law. The judgment highlighted the need for a balanced approach in criminal justice administration, ensuring that subsequent legislative changes benefiting the accused are applied judiciously. The Court directed the petitioner to deposit the increased fine with the Trial Court within four weeks to avoid further imprisonment.