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2015 (8) TMI 970 - HC - CustomsAttempt to export controlled substance – Investigation Officer conducted search of luggage of both accused and pseudoephedrine (controlled substance) weighing its 28.750 kg and 20.900 kg were recovered – Trial court after taking into consideration nature of offence and reasons for which they appear to have committed offence imposed sentence of rigorous imprisonment with fine on both convicts – Whether punishment awarded by trial court was just – Held that:- sole purpose of punishing offender is not retribution alone and that Courts while sentencing offender must make attempt, within parameters of law, to afford opportunity to offender to reform himself and lead life of normal, useful member of society – Convicts have no previous criminal antecedents and it does appear from totality of attendant circumstances and material on record that they are not at all hardened criminal but were forced due to their economic conditions to indulge in illegal trafficking of controlled substance – Both convicts have young children to look after and it is also to be borne in mind that convicts are women –Both convicts had themselves admitted at stage of recording their statement under Section 313 Cr.P.C that they were making attempt to transport same at behest of some other persons –Appeal disposed off with direction that both accused be deported to their country – Decided against Revenue.
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