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2016 (10) TMI 378 - HC - CustomsOffence under Section 135 (1)(b) - socio-economic offence - Whether Plea of guilty is voluntary - Petitioner filed an application seeking to avail the benefit of plea bargaining under Section 265(E) Cr.P.C. wherein he admitted his guilt which is a pre-condition for availing the benefit which was not allowed due to the offence being socio-economic and then again filed an application for reviving the application of plea bargaining which was also dismissed and then filed a third application pleading guilty - Held that: - considering the special circumstances that the petitioner had faced trial for 20 years, was aged 57 years, suffering from acute financial crisis and his son was hospitalized suffering from Hepatitis ‘C’ awarded simple imprisonment for a period of six months with the benefit of Section 428 Cr.P.C. which was less than the minimum sentence of one year imprisonment prescribed. Since the petitioner had already undergone more than six months imprisonment he had not to undergo any further sentence - Decided in the favor of the appellant.
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