2005 (11) TMI 83

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....trial was convicted for the said offences and sentenced to 6 months rigorous imprisonment and fine of Rs. 1000/- for the offence punishable under Section 132 of the Act or in default of payment of fine to undergo one and a half month's simple imprisonment. The petitioner was further sentenced to 3 years rigorous imprisonment and a fine of Rs. 1000/ or in default of payment of fine to further undergo simple imprisonment of one and a half months. Aggrieved by his conviction and sentence the appellant preferred an appeal but without success, the learned appellate court upholding the conviction as well as the sentence. Even the plea for reduction/modification of sentence did not find favour with the appellate court. 3.Though in the body of t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....evertheless it cannot be said that the legislature in fact, intended that in cases of whatsoever nature, the offence must be compounded. Therefore, it is not possible to take the view that Section 137 of the Act has such a far reaching effect or would empower a court to award a sentence less than the prescribed minimum sentence with the aid of Section 137. 6.Mr. Mehta then vehemently urged that the petitioner in the present petition has undergone almost the entire sentence except for about 9 months and before his conviction and sentence he has undergone the ordeal and agony of about 11 years of trial and, therefore, this is a fit case where the sentence of the appellant may be modified and reduced and confined to the period already under....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....for any induction or modification of the sentence and has urged that the delay in trial cannot be pressed as a ground for reduction of the substantive sentence more particularly so when the delay is mostly attributable to the petitioner himself. It is also pointed out that this was not the first case where the petitioner was prosecuted, convicted and sentenced but previously also he has been prosecuted convicted and sentenced for similar sentence(s). In fact the learned trial court has also recorded that the petitioner is a habitual offender/smuggler of gold. 8.This Court having gone through the record of the trial court can only note that the delay in the trial was occasioned mostly on account of the adjournments sought on behalf of the....