AIR CUSTOMS Vs. BEGAIM AKYNOVA

JUDGEMENT

(1.) This writ petition under Article 226 & 227 of the Constitution of India read with Sec. 482 Cr.P.C. is directed against Order on sentence dtd. 24/9/2021, passed by the learned ACMM-01, Patiala House Courts, New Delhi, in C.C. No. 2193/2020 sentencing the Respondent herein to undergo imprisonment for a period already undergone and pay a fine of Rs.50,000.00for offences under Ss. 132 and 135(1)(a) and (b) of the Customs Act, 1962, and Orders dtd. 27/9/2021 and 29/9/2021, passed by the Ld. CMM, Patiala House Courts, New Delhi, in C.C. No. 2193/2020 directing Customs/Petitioner herein to release the passport of the Respondent herein.

(2.) The facts, in brief, leading up to this petition are as follows:

(3.) At the outset, Mr. Satish Kumar, learned Senior Government Standing Counsel appearing for the Petitioner, submits that the instant case relates to socioeconomic offences and, therefore, the option of plea bargaining is not available as per Sec. 265-A Cr.P.C. Mr. Kumar submits that, moreover, the Ld. Trial Court could not have proceeded with the application for plea bargaining without the consent of the Customs Department, i.e. the Petitioner.