2013 (4) TMI 848

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rder of 13th November, 2007 upholds petitioner's conviction and sentence for the offences under Sections 132/135(1)(a) of the Customs Act. The substantive sentence awarded to petitioner is of one year and six months in all. 2. At the outset, learned counsel for petitioner rightly does not press this revision petition on merits as the impugned judgment suffers from no illegality or infirmit....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ears, and the fact that petitioner has clean antecedents and by now he is settled down in his life and is said to be earning Rs. 10,000/- per month and has family responsibilities to perform, reformative approach needs to be adopted as the permissibility of toning down the punishment in the light of subsequent amendment has been already considered by this Court in Criminal Revision Petition No. 42....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he severity of the punishment. But if any subsequent legislation downgrades the harshness of the sentence for the same offence, it would be a salutary principle for administration of criminal justice to suggest that the said legislative benevolence can be extended to the accused who awaits judicial verdict regarding sentence." 5. When confronted with the aforequoted legal position, Mr. Man....