KAMLESH KUMARI UPPAL Vs. DEPT OF CUSTOMS

JUDGEMENT

(1.) CRL.M.A.3340/2004: Allowed subject to just exceptions. Application stands disposed of.

(2.) CRL.REV.P.222/2004 & CRL.M.A.597/2004: This petition is directed against the order dated 6.04.2004 of the Additional Sessions Judge, Delhi in Crl.A.No.50/2002, which appeal arose from the order of conviction dated 7.07.2001 of the Additional Chief Metropolitan Magistrate, whereby the accused has been convicted under Section 132 and 135 (1) (a) of the Customs Act and sentenced to undergo six months R.I. with a fine of Rs.25,000/- and in default of fine to further undergo one month S.I. under Section 132 of the Customs Act. She was also sentenced to three years R.I. with a fine of Rs.50,000/- and in default of fine to further undergo two months S.I. under Section 135 (1) (a) of the Customs Act. Both the sentences were directed to run concurrently.

(3.) Counsel for the petitioner does not assail the judgment of the Additional Session Judge dated 6.04.2004 on merits . He, however, confines his arguments to the question of sentence only. He submits that the petitioner is 76 years of age today and has already deposited the fine of Rs.75,000/-. The gold ornaments valued at Rs.2,70,940/- have also been confiscated. He submits that this is a typical case of an old Indian lady who was caught inadvertently wearing her own personal jewellery. Therefore, there was no criminal intent on her part to cause any loss to the revenue or commit any offence. Therefore, the court should deal with this case liniently. Counsel for the respondent - Customs Department submits that already a linient view has been shown by the courts below who have imposed the minimum sentence.