2013 (11) TMI 858 - HC - Customs

Revision petition reduces sentence under Customs Act, fines increased

Karnail Singh And Another Versus Assisant Collector of Customs, Amritsar

Karnail Singh And Another Versus Assisant Collector of Customs, Amritsar - TMI Issues:Challenge to judgment of trial Court and Appellate Court regarding conviction under Section 135 of the Customs Act, 1962, sentencing, and confiscation of gold biscuits and foreign currency.Analysis:The petitioners filed a revision petition to challenge the judgment of the trial Court and the Appellate Court where they were convicted under Section 135 of the Customs Act, 1962. The trial Court sentenced them to three years of rigorous imprisonment, a fine of Rs. 5,000 each, and confiscation of recovered gold biscuits and foreign currency. The Appellate Court upheld this decision. The petitioners then filed the present revision petition, which was admitted, and their sentence was suspended, leading to their release on bail.The petitioners did not contest the conviction but sought a reduction in the sentence to the period already served. Their counsel emphasized their advanced age, the lengthy trial process spanning over 23 years, their status as first-time offenders with no criminal background or pending cases, and the fact that they had already spent 1 year, 2 months, and 24 days in custody. Considering these factors, the Court decided to reduce their sentence to the time already served and increased the fine to Rs. 15,000 each while upholding the conviction.In conclusion, the revision petition was disposed of with the modification of the sentence and fine. The Court took into account the petitioners' circumstances, including their age, lack of criminal history, and time already spent in custody, to adjust the punishment while maintaining the conviction under Section 135 of the Customs Act, 1962.