NAUSHAD KHAN Vs. DEPUTY COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) This Revision Petition is directed against the Order dated 31st July, 2003, of the Additional Sessions Judge, Delhi in Criminal Appeal No. 7/2003, whereby the learned Judge has dismissed the appeal while upholding the conviction and sentence imposed on the Petitioner by the learned ACMM vide judgment dated 28th May, 2003 and order on sentence dated 31st May, 2003 holding the Petitioner guilty under Section 135 (1)(a) and Section 132 of the Customs Act, 1962

(2.) It is contended by Counsel for the Petitioner that the Appellate Court has wrongly come to the conclusion that the appeal memo did not challenge the conviction under Section 132 of the Customs Act, 1962. He submits that the reading of the appeal memo clearly indicates that the Judgment dated 28th May, 2003, as a whole had been challenged and not piecemeal convictions therein.

(3.) After making the above submission, Counsel for the Petitioner submits that he would not like to challenge the Order of the Appellate Court on merits but wants to argue only on the question of sentence. He submits that the Petitioner was a one time traveller who purchased and brought into the country some audio cassettes and made a mistake of crossing the green channel. He further submits that the audio cassettes were confiscated to the State. The Petitioner has already undergone the ordeal of trial for eight years and has also paid the fine imposed upon him. He further submits that the Petitioner has undergone the imprisonment of 15 days. He submits that no useful purpose would be served in requiring the Petitioner to undergo the remaining portion of the sentence of imprisonment imposed upon him, when the punishing section itself provides for sentence in lieu of imprisonment. Counsel submits that the Petitioner is in the threshold of his life and that his continued incarceration would cause great prejudice to his rehabilitation in society.