2015 (9) TMI 339

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....ars RI with fine of Rs. 2,000/- (for each applicant) passed by Special Judicial Magistrate, Indore, in Criminal Case No. 18/04 on 28-5-2011. 2. Brief facts of this case are that on 7-6-1992 at Mhownaka, Mhow on secret information, Officers of Customs and Central Excise, Indore intercepted a Truck bearing Registration No. MP09D-9025 and Maruti Van No. MP09A-4108 in the said vehicles five persons namely Ravi Gupta, Giriraj Mahajan, Munir Khan, Rajkumar Sen and Suresh Neema were found. The said vehicles and the occupants were brought to the Office at Customs and Central Excise, Indore for thorough checking. In search of Truck and Maruti Van 148 cotton bags containing silver chaurasas weighing 2262.534 kg recovered from Truck and 20 cot....

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....itted the Harun & Nanhe Khan, whereas all five applicants were found guilty for the offence punishable under Section 135 of Customs Act and sentence as aforesaid. The applicants have preferred the appeal against the conviction and sentence before the Court of Sessions. Learned ASJ dismissed the appeal and affirmed the conviction and sentence. Being aggrieved the applicants have filed this revision. 4. Learned Counsels for the applicants submit that they do not want to challenge the conviction recorded by the Courts below, however they submit that the applicants have no criminal antecedent and they have suffered mental agony and harassment for last 22 years. Applicant-Suresh has suffered from gangrine as a result of which his right l....

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....dequate reasons for awarding a sentence of imprisonment for a term of less than one year. 8. In view of the aforesaid provisions the case of applicant No. 2 is considered. The applicant No. 2 Suresh has undergone surgery as he was suffered from Gangrine, as a result of which his right leg has been amputed below knee. He filed the medical papers before this Court. Considering his ill-health and he has already suffered jail sentence for nine months and fifteen days thus Suresh has made out a case for imprisonment of sentence less than one year. So far as other applicants are concerned they have suffered the mental agony and harassment for the last 22 years and have no criminal antecedent. They have already suffered jail sentence of ab....