IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 510 of 1998(C)
1. PALLATH ABOOBECKER
... Petitioner
Vs
1. THE ASST.COLLECTOR,THIRUVANANTHAPURAM
... Respondent
For Petitioner :SRI.JOSHI N.THOMAS
For Respondent : No Appearance
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :25/05/2007
O R D E R
K.R. UDAYABHANU, J
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CRL. R.P. NO. 510 OF 1998
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Dated this the 25th day of May 2007
O R D E R
The revision petitioner who is the 1st accused in C.C. No. 64/92
stands convicted for the offence under Sections 132 and 135(1)(1) of
the Customs Act, 1962 and sentenced, as modified by the appellate
court, to undergo rigorous imprisonment for one year and to pay a fine
of Rs.5,000/- and in default to undergo simple imprisonment for one
month. It is submitted that he had undergone pre-trial detention as
well as detention under COFEPOSA. As per the certificate produced he
has undergone the detention under COFEPOSA from 16.11.1991 to
18.07.1992 apart from the pre-trial detention.
2. The prosecution case is that from the baggage of the revision
petitioner, 14 gold ornaments were seized and the same are valued at
Rs.7,31,250/-. The incident had taken place on 08.08.1990. It is
submitted that the revision petitioner is laid up on account of a major
heart attack.
3. The counsel for the revision petitioner has only pleaded for
leniency. In the circumstances and in view of the fact that since 1990
the revision petitioner is facing the criminal proceedings and living
CRL. R.P. NO. 510/1998 : 2 :
under the shadow of the incarceration, I find that the sentence is liable
to be modified. In the circumstances and in view of the long delay, the
sentence is modified to imprisonment till the rising of the court and to
pay a fine of Rs.10,000/- and in default to undergo simple
imprisonment for six months. The revision petitioner shall appear
before Addl. Chief Judicial Magistrate (Economic Officences) Ernakulam
on 26.06.2007 to receive sentence. infirm
The Crl.R.P is disposed of accordingly.
K.R. UDAYABHANU, JUDGE.
rv
CRL. R.P. NO. 510/1998 : 3 :