QUASIM ALI Vs. ADDITIONAL COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) By way of this revision petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, the petitioner-convict had sought setting aside of the judgment dated 29th October, 2007 passed by the learned Additional Sessions Judge whereby the appeal filed by him against the judgment dated 27th February, 2002 passed by the learned Additional Chief Metropolitan Magistrate holding him guilty for the commission of offences punishable under Sections 132 and 135(1)(a) of the Customs Act and the order dated 2 nd March,2002 sentencing him to undergo three years rigorous imprisonment and fine of Rs.1000/- under Section 135(a) and six months imprisonment and fine of Rs.1000/- under Section 132 was rejected.

(2.) The petitioner-convict was tried on the allegations that 23rd January,1995 he had landed at the IGI Airport, New Delhi in a flight from Dubai he was found to be carrying smuggled gold in his rectum in the form of two biscuits of ten tolas each. After trial these allegations were found to be true by the trial Court and so he was convicted. The appellate Court rejected his appeal.

(3.) During the hearing of this petition a grievance was raised on behalf of the petitioner-convict that when his appeal against his conviction was pending in Sessions Court he had sought compounding of the offences of which he had been convicted, since by that time those offences, which were earlier not compoundable, had been made compoundable by Amendment Act of 2004, by approaching the competent authority in the Customs Department on 30th March,2007 under Section 137(3) of the Customs Act but no decision was being taken and he had been getting the hearing of his appeal adjourned from time to time to await the result of his request for compounding. The failure of the department to dispose of the petitioner's request for compounding led to the filing of a writ petition(being W.P.(Crl.) No. 641/2007 in this Court at the instance of the petitioner-convict. In that petition a direction was initially given to the customs department on the disposal of the petitioner's application for compounding before 25th July,2007 but that was not done and then vide order dated 21st September,2007 the writ petition was finally disposed of with a direction to the Customs Department to dispose of the petitioner's application within two weeks. But no decision was taken on the petitioner's application for compounding within two weeks.