2001 (9) TMI 97

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....ellant has not challenged before us the conviction of the appellant under Section 135 of the Customs Act, 1962 and the sentence of simple imprisonment for five years and fine of Rs. 5,000/-. The sole contention raised by him is that the mother of the appellant who is an old lady is seriously ill in Poland and she has expressed a desire to see her only son. He referred to a copy of the letter dated....

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....ot accept the prayer for modification of the sentence. 4. From the discussions in the judgment of the High Court it appears that a plea for reduction of the sentence was made on behalf of the appellant before the Court. The High Court referring to the judgment of this Court in the case of Devchand Kalyan Tandel v. State of Gujarat reported in 1997 (89) E.L.T. 433 (S.C.) and the case of K.I. Pav....

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.... period of 2 months and 1 month respectively which are directed to run consecutively. The appeal is accordingly allowed to the above extent of modification and the sentences imposed by the High Court stand modified accordingly." 6. We have considered the prayer of the appellant for reduction of sentence to the period already undergone. We have also perused the observations made by this Court....