KALU RAM Vs. STATE

JUDGEMENT

(1.) THIS revision is preferred against the judgment dated June 25, 1975 of the learned Additional Sessions Judge No. 2, Jodhpur convicting the accused -petitioner under Section 135 of the Custom Act, 1962 and sentencing him to rigorous imprisonment for 1 1/2 years and a fine of Rs. 1000/ - and in case of default in payment of fine further rigorous imprisonment for six months.

(2.) BRIEFLY stated the facts are that on 31 -8 -1968 the accused -petitioner was found in possession of two gold biscuits weighing 20 tolas which had been smuggled in India without payment of duty. The only point urged before me is with regard to the quantum of sentence for an offence which was committed a decade ago. It was argued by the learned counsel for the petitioner that the petitioner has been sufficiently penalised in the form expenses and worries of a trial and further he has already suffered imprisonmcut for 10 days and has also to pay a fine of Rs. 1000/ - in addition to the loss of Rs. 3600/ - which he paid for the aforesaid two gold biscuits.

(3.) THE revision is therefore, dismissed but the sentence of imprisonment is reduced to a period already undergone. The sentence of fine is maintained which the accused will deposit in the court of Judicial Magistrate No. 2, Jodhpur within 15 days in default of which he will serve out the sentence of imprisonment as awarded to him by the learned lower court.