Ashok Jain vs Sh. Anil Kumar Rana
2004 Latest Caselaw 200 Del

JUDGMENT

R.S. Sodhi, J.

1. This revision petition is directed against the judgment and order dated 19.04.2003 of the Additional Sessions Judge, Delhi whereby the learned Judge has dismissed the appeal of the appellant/petitioner herein, filed against the judgment dated 16.7.2001 and order on sentence dated 21.7.2001 whereby the appellant was convicted under Section 135(1)(b) of the Customs Act and was sentenced to undergo R.I for three years with a fine of Rs. 2,500/- and in default of payment of fine to undergo S.I. for one month Counsel for the petitioner does not challenge the judgment on merits but confines her arguments only to the question of sentence. She submits that the occurrence took place in January, 1990 and since then the petitioner has already faced the ordeal of trial for nearly 14 years. Besides that, he has also undergone incarceration for 11 months and he is the only bread-winner in his family and his further incarceration would lead to virtual starvation of the children of the family who are now virtually vagabonds. She submits that by now the petitioner has learnt a lesson and ends of justice will be met if sentence is reduced to the period already undergone.

2. Having heard counsel for the parties, I am of the view that since the appellant has undergone ordeal of trial for 14 years and has undergone rigorous imprisonment for 11 months and has already deposited the fine imposed upon him, in the facts and circumstances of the case, no useful purpose would be served in asking him to continue to be in custody for another period of 7 months. I, therefore, while upholding the order of conviction modify the order on sentence to the period of imprisonment already undergone.

3. With this modification, Criminal Revision Petition 483/2003 shall stand disposed of. The pending application also stands disposed of.

4. A copy of this order be given dusty to counsel for both the parties.