JAGPREET SINGH Vs. A P SINGH INTELLIGENCE OFFICER

JUDGEMENT

(1.) This revision petition under Section 397/401 Cr.P.C. is directed against the judgment of learned Additional Sessions Judge, New Delhi, dated 18.2.2005, sitting as a court of appeal, thereby dismissing the appeal filed by the petitioner herein against his conviction of sentence.

(2.) The petitioner herein was prosecuted by the DRI for the offence punishable under Section 132/135 (1) (a) of the Customs Act (For short the Act) and after trial was convicted for the said offences and sentenced to 6 months rigorous imprisonment and fine of Rs.1000/- for the offence punishable under Section 132 of the Act or in default of payment of fine to undergo one and a half month's simple imprisonment. The petitioner was further sentenced to 3 years rigorous imprisonment and a fine of Rs.1000/- or in default of payment of fine to further undergo simple imprisonment of one and a half months. Aggrieved by his conviction and sentence the appellant preferred an appeal but without success, the learned appellate court upholding the conviction as well as the sentence. Even the plea for reduction/modification of sentence did not find favour with the appellate court.

(3.) Though in the body of the revision petition, the petitioner sought to assail both conviction and sentence as illegal and unwarranted, but during the course of hearing of the petition, Mr.Mehta learned counsel for the petitioner stated at the bar that he did not wish to press the grounds on which conviction of the petitioner has been challenged. Accordingly, he confined his submissions only so far as it relates to the quantum of sentence as awarded to the petitioner by the learned trial court and upheld by the appellate court.