TMI Blog2005 (7) TMI 109X X X X Extracts X X X X X X X X Extracts X X X X ..... s dismissed the appeal of the Petitioner here in arising out of the order dated 24th December, 2001, of the Metropolitan Magistrate, whereby the learned Magistrate has held the Petitioner guilty under Section 132/135/(i)(a) of the Customs Act and sentenced him to undergo imprisonment for total one year and to pay a fine of Rs. 2,500/-. 2. Counsel for the Petitioner submits that he does not wish ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ive. In this view of the matter, he submits that this Court should exercise power of awarding sentence less than the minimum. 3. Counsel for the Customs on the other hand submits that these are no grounds for exercising this power since the length of trial is of no consequence and there is no suffering caused to the accused. He submits that the accused must be taught a lesson so that in future h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... matory in nature and a citizen if after having committed an offence can be rehabilitated, that is the greatest contribution that this Court can make to the society. In this case the accused has already undergone seven and a half months of imprisonment and no useful purpose would be served in requiring him to undergo remaining four and a half months of sentence of imprisonment at this belated stage ..... X X X X Extracts X X X X X X X X Extracts X X X X
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