TMI Blog2012 (1) TMI 70X X X X Extracts X X X X X X X X Extracts X X X X ..... re, while maintaining the conviction, the order dated 21.3.2003 is modified to the extent already undergone, accordingly he is released on the sentence already undergone. The criminal Revision Petition 1037/2003 is partially allowed, as prayed. - CRL.REV. P. 1037/2003 - - - Dated:- 9-1-2012 - MR. JUSTICE SURESH KAIT, J. For Respondents : Ms. Pooja Bhaskar, Adv. SURESH KAIT, J. (Oral) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e was carrying contraband. On repeated asking, the petitioner continued answering in negative. He was then taken to adjacent room for his personal search. His baggage was examined. On screening machine, concealment of some high density metal in the VCP was suspected. Thereafter the VCP was opened with the help of a screw driver and 23 cut pieces of gold of different sizes were found in the ROTO po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owever, I am also conscious that for special and adequate reasons, the sentence of the imprisonment can be less than one year. 5. In the instant case, the petitioner has brought gold by concealing in VCP and did not declare the gold. Presently, as per the customs policy 5Kg gold and 50 Kg silver can be imported subject to the payment of the customs duty. 6. During the period 1989, the policy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onditions. 9. In the present case, the appellant has suffered more than 22 years. This is the third round of the litigation. He has already undergone more than one month in the jail, therefore, in the circumstances, I deem it appropriate that while maintaining the conviction, the order dated 21.3.2003 is modified to the extent already undergone, accordingly he is released on the sentence already ..... X X X X Extracts X X X X X X X X Extracts X X X X
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