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2014 (4) TMI 149 - HC - CustomsReduction of sentence - Conviction u/s 135 of the Customs Act – First time offender – Bail not misused – Confiscation 18 years before - Protracted trial - Already served substantive sentence awarded – Meeting ends of justice – Imposition of Fine - Held that:- Judgments in R.K.Jaleel v. Assistant Collector of Customs & Anr. [2004 (8) TMI 115 - SUPREME COURT OF INDIA] and Udai Kant Jha v. Union of India [1999 (12) TMI 78 - SUPREME COURT OF INDIA] followed - The ends of justice would be met if the sentence awarded to the petitioner is reduced to the period already undergone - The petitioner was a first time offender and there are no other criminal proceedings pending against him - Even the currency and other articles in the nature of Kranti dhotis that were confiscated relate to the year 1996 - Even the concession of bail granted to the petitioner in the year 2003 has not since been mis-used - The petitioner has already faced a protracted trial of more than a decade - He has already undergone a period of two months and eleven days out of the substantive sentence of one year rigorous imprisonment awarded to him - The conviction of the petitioner is upheld and the revision petition to such extent is dismissed - However, the sentence awarded to the petitioner is reduced to the period already undergone by him subject to deposit of fine as imposed by the trial Court, if not already deposited - Petitioner, who is on bail, is discharged from the liability of bail bonds - Revision petition disposed of in the aforesaid terms – Decided in favour of Petitioner.
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