GANGADHAR Vs. CUSTOMS

JUDGEMENT

(1.) This Revision Petition is directed against the Order dated 6th May, 2003, of the Additional Sessions Judge, Delhi in CA No.1/2002, whereby the learned Judge has dismissed the appeal of the Petitioner herein arising out of the order dated 24th December, 2001, of the Metropolitan Magistrate, whereby the learned Magistrate has held the Petitioner guilty under Section 132/135/(i)(a) of the Customs Act and sentenced him to undergo imprisonment for total one year and to pay a fine of Rs.2,500/-.

(2.) Counsel for the Petitioner submits that he does not wish to challenge the judgment of conviction on merits but confines his arguments only to the question of sentence. I, therefore, confirm the order of conviction. Counsel for the Petitioner submits that the offence is dated 12th March, 1989, and that the Petitioner has already suffered incarceration for over seven and a half months out of the total sentence of imprisonment of one year awarded to him. The fine has also been deposited. He also submits that the Petitioner is a daily wage worker belonging to a poor strata of society and is the only bread winner of the family comprising of crippled widowed mother and two minor child besides his wife. He submits that putting him in jail at this belated stage when he is making a sincere attempt to raise a responsible family would be counter productive. In this view of the mater, he submits that this Court should exercise power of awarding sentence less than the minimum.

(3.) Counsel for the Customs on the other hand submits that these are no grounds for exercising this power since the length of trial is of no consequence and there is no suffering caused to the accused. He submits that the accused must be taught a lesson so that in future he does not commit this offence again. He also submits that the society demands that the accused must suffer so that a proper message is sent to all those who may commit the offence.