2014 (4) TMI 149

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....dated 17.5.2000 passed by the Chief Judicial Magistrate, Amritsar in Criminal Case No.108 of 1997. 2. Brief facts that emanate from the record are that a written complaint was made by the Assistant Commissioner, Customs under Section 135 of the Act to the effect that on 11.4.1996, the Customs Officer of Land Customs Station Attari while clearing a Jatha of Sikh pilgrims going from India to Pakistan entertained suspicion against Sardara Singh, the present petitioner. He was a member of the Jatha destined for Pakistan. Upon being called by the Customs Officer to declare if he was carrying any contraband or dutiable item, he replied in the negative. His response having aroused suspicion, the Assistant Commissioner, who was present at the co....

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...., at the very outset, submit that in the light of convincing and cogent evidence adduced on record, he would not be in a position to assail the conviction of the petitioner on merits. Learned counsel would, however, pray for a lenient view to be taken insofar as quantum of sentence is concerned. 4. Learned Central Government standing counsel has produced, during the course of hearing, the custody certificate of petitioner Sardara Singh. A perusal of the same would reveal that the petitioner had undergone actual period of custody of two months and eleven days. The petitioner had been released on bail in pursuance to his sentence having been suspended during pendency of the revision petition vide order dated 22.9.2003 passed by this Court.....

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....ar imprisonment for the offence is on the higher side. The contraband article was confiscated and a fine also was imposed on the appellant. Having regards to the facts and circumstances of the case, his conviction is confirmed but the sentence is reduced to the period already undergone by the appellant and he is directed to be released forthwith, if not required in any other case. The appeal is disposed of accordingly." 8. A reference may also be made to the order passed by the Hon'ble Apex Court in Udal Kant Jha v. Union of India, 2000 AIR (SC) 3641, which reads as follows: "Leave granted. We are told that appellant in this case has already undergone imprisonment for nearly five months. The offence is under Section 135 for ....