COMMISSIONER OF CUSTOMS Vs. STATE

JUDGEMENT

(1.) The Petitioner by this petition has assailed order dated 13th April, 2010 whereby the learned ACMM exercised power under Section 67 of IPC and sentenced the Commissioner of Customs to imprisonment for a period of six months for non-payment of cost of Rs. 23,307/-

(2.) Section 67 of IPC reads as under:

(3.) In the present case, the learned ACMM was conducting trial. During trial an adjournment was sought by the by the counsel/Special Public Prosecutor for the State. The learned ACMM imposed costs on the State to be reimbursed to the accused on the ground that accused had to come from Mumbai to attend the proceedings and unnecessary adjournment was sought.