2018 (11) TMI 1480

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....J (ORAL) 1. Vide the present petition, the petitioner seeks setting aside of the order dated 19.08.2002 passed by the learned Additional Sessions Judge, upholding the conviction of the petitioner u/s 132 and 135(1)(a) of the Customs Act by the learned Additional Chief Metropolitan Magistrate by his order dated 09.04.2002. 2. The relevant facts emerging from the record are that by an order dated ....

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..... 4. Mr. Deepak Gandhi, learned counsel for the petitioner submits that the petitioner does not assail the impugned order insofar as he was convicted under the Customs Act, but only seeks suspension of the substantive sentence awarded to him. He submits that a fine of Rs. 1 lakh already stands paid and the petitioner has already undergone two months of rigorous imprisonment after the six months' ....

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....o-accused Ms. Rosy Chawla, but requests that some additional fine be imposed on the petitioner. 7. I have heard the learned counsel for the parties and perused the record. Upon examining the order dated 09.04.2002 passed by the learned Additional Metropolitan Magistrate as also the order dated 19.08.2002 passed by the learned Additional Sessions Judge, it becomes evident that the petitioner, whil....

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.... culpability of the petitioner is on the same if not lower footing as that of the co-accused Ms. Rosy Chawla. 8. In the light of the above and after carefully perusing the order dated 09.04.2002 passed by the learned Additional Metropolitan Magistrate, order dated 19.08.2002 passed by the learned Additional Sessions Judge and order dated 26.02.2009 passed by this Court in Crl. Rev.P. No.652/2002,....