MOHAMMAD RAFI Vs. DUSHYANT KUMAR

JUDGEMENT

(1.) This revision petition is directed against the judgment and order dated 23.2.2004 of the learned Additional Sessions Judge upholding the judgment dated 7.11.2001 of the Additional Chief Metropolitan Magistrate, Delhi convicting the petitioner to undergo R.I. for one year R.I. with a fine of Rs.10,000/- and in default of payment of fine to further undergo S.I. for two months.

(2.) With the assistance of the learned counsel for the petitioner as also learned counsel for the respondent, I have gone through the record of the case as also the judgment under challenge. Learned counsel states that she is not in a position to challenge the order of conviction. I, therefore, confirm the order of conviction. However, on the question of sentence, it is argued by the learned counsel that the petitioner that the petitioner is in jail since the last two months. She submits that the occurrence is of 1992 and the petitioner has already suffered the ordeal of trial for over 11 years. Besides that he has already deposited the fine of Rs.10,000/-. She also submits that the offence is punishable with fine in lieu of imprisonment. Counsel for the respondent - Customs Department submits that the fine if it has to be enhanced must be substantial, preferably, Rs.50,000/- (rupees fifty thousand).

(3.) Having heard counsel for the parties and in view of the totality of circumstances of the case, I deem it appropriate to modify the order of sentence to a fine of Rs.60,000/- (rupees sixty thousand), of which Rs.10,000/- (rupees ten thousand) has already been paid in lieu of the sentence already awarded. In case the petitioner deposits the remaining amount of Rs.50,000/-(rupees fifty thousand) he shall be set at liberty forthwith. If the petitioner, on the other hand, fails to deposit the amount the sentence already awarded shall continue to run.