Chemmacery Thomas Francis vs Asst.Collector Of Customs on 14 March, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 536 of 1999()



1. CHEMMACERY THOMAS FRANCIS
                      ...  Petitioner

                        Vs

1. ASST.COLLECTOR OF CUSTOMS
                       ...       Respondent

                For Petitioner  :SRI.D.PEETHAMBARAN

                For Respondent  :SRI.P.S.SREEDHARAN PILLAI, SCGSC

The Hon'ble MR. Justice K.R.UDAYABHANU

 Dated :14/03/2007

 O R D E R
                              K.R. UDAYABHANU, J

                 =================================

                          CRL. R.P. NO.  536 OF 1999

                 =================================

                   Dated this the 14th  day of March 2007


                                      O R D E R

The revision petitioner stands convicted for the offence under

section 135(i)(ii) of the Customs Act, 1962 and sentenced , as

modified by the appellate court, to imprisonment for the period already

undergone and to pay a fine of Rs. 1,45,000/- and in default to

undergo rigorous imprisonment for 1 = years.

2. The counsel for the revision petitioner has pointed out that

the revision petitioner was only a carrier which is evident from the

proceedings in the matter and that he has studied only up to 4th

standard and that his father committed suicide while he was in custody

and that the incident has taken place in the year 1992. In the

circumstances, the sentence portion with respect to the payment of

fine is modified to pay a fine of Rs.50,000 and in default to undergo

simple imprisonment for six months.

The Crl.R.P is disposed of accordingly.

K.R. UDAYABHANU, JUDGE.

RV