2019 (12) TMI 798

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....RDER The present criminal revision petition 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, th....

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....e by imposing less than statutory punishment. 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 tha....

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....terfered with. The sentence passed by the learned Judicial 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 t....