MOHAMMAD AKBAR @ MUNA Vs. ASSTT. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) Present revision petition has been preferred by Mohammad Akbar @ Muna son of Budhu Khan. He was tried by the Court of Chief Judicial Magistrate, Amritsar in a complaint filed by Assistant Commissioner of Customs, Amritsar for an offence punishable under Section 135 of the Customs Act, 1962 (hereinafter referred to as, 'the Act').

(2.) The trial Court vide its impugned judgment dated 14th November, 2000, held the petitioner guilty of offence punishable under Section 135 of the Act and vide a separate order of even date, sentenced him to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 2000/-, in default of payment of fine to further undergo rigorous imprisonment for three months. Furthermore, the recovered foreign currency was ordered to be confiscated to the State under Section 113 of the Act.

(3.) Aggrieved against the same, petitioner had filed an appeal. The Court of Additional Sessions Judge, Amritsar, vide its judgment dated 1st June, 2002, found no merit in the appeal and had dismissed the same, upholding the conviction and maintaining the sentence.