R K ANAND Vs. ADDT COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) Vide the present petition, the petitioner seeks setting aside of the order dated 19.08.2002 passed by the learned Additional Sessions Judge, upholding the conviction of the petitioner u/s 132 and 135(1)(a) of the Customs Act by the learned Additional Chief Metropolitan Magistrate by his order dated 09.04.2002.

(2.) The relevant facts emerging from the record are that by an order dated 09.04.2002 passed by the learned Additional Chief Metropolitan Magistrate, the petitioner was convicted of offences under sections 132 and 135(1)(a) of the Customs Act for evading customs duties payable on the import of certain household items. The petitioner was not only sentenced to undergo rigorous imprisonment for a period of 6 months but was mulcted with a fine of Rs. 50,000/- on each count, in default of which he was directed to undergo one and a half months of simple imprisonment for each of the offences.

(3.) Aggrieved by the aforesaid order of conviction, the petitioner preferred an appeal before the learned Additional Sessions Judge, which was dismissed vide order dated 19.08.2002. Against the said order of dismissal, the petitioner preferred the present petition before this Court.