BHUPINDER SINGH Vs. DRI

JUDGEMENT

(1.) (Oral) - The petitioner was facing trial for offence under Sec. 135 (1)(b) of the Customs Act (in short the Act). At the stage of charge, the petitioner pleaded not guilty and thus trial continued. Later on 7th Aug., 2006 the petitioner filed an application seeking to avail benefit of the provision of plea bargaining under Sec. 265(E) Crimial P.C. however the same was disposed of as not maintainable vide order dated 11th Nov., 2011 by the learned Trial Court as the petitioner was facing trial for a socio-economic offence.

(2.) Thus, on 3rd April, 2007 order for framing charge was passed which was framed on 4th July, 2007 when the petitioner pleaded not guilty.

(3.) The petitioner again filed an application for revising his application dated 7th Aug., 2006, however as the same had been dismissed, the second application was also dismissed. On 3rd April, 2010 the petitioner filed a third application, this time requesting the learned ACMM to accept the plea of guilt and take a lenient view in the matter. The learned ACMM on the said application noting the facts of the case convicted the petitioner for offence punishable under Sec. 135(1)(b) of the Customs Act. The learned ACMM in para 4 noted: