2019 (12) TMI 798

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....ition is filed against the order of the learned Judicial Magistrate No.I, Trichy in C.C.No.167 of 2018 dated 18.07.2018 sentencing the respondent to convict him imprisonment till the rising of Court and imposed a fine of Rs. 15000, in default of payment, one month simple imprisonment under Section 241 of Cr.P.C. 2.According to the revision petitioner, the Assistant Commissioner of Custom, the res....

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.... Therefore, the learned counsel would submit that it is a fit case to be remanded to the learned Judicial Magistrate for fresh consideration. 4.At this, the learned counsel appearing for the respondent would stoutly oppose for remanding the matter. The learned counsel would submit that it is entirely the discretion of the Magistrate to award less than the statutory punishment prescribed under the....

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....udicial Magistrate is therefore, contrary to the specific provision of the Customs Act and therefore, it calls for interference from this Court. 7.For the above said reasons, this Court is of the view that the matter is to be remanded back to the learned Judicial Magistrate for fresh consideration and passing orders in terms of Section 135 of the Customs Act, 1962. Therefore, the matter is remand....