IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 Crl.Rev.Pet.No. 3404 of 2005 ---------------------------------------- CRL.A.NO.362/2004 OF ADDL.SESSIONS COURT, (ADHOC-I), ERNAKULAM, CC.NO.39/1995 OF ADDL.CHIEF JUDICIAL MAGISTRATE (ECONOMIC OFFENCES), ERNAKULAM. .................... REVISION PETITIONER/APPELLANT/ACCUSED NO.11: ----------------------------------------------------------------------------- RAFFI T., S/O.MOYIN, AGED 46 YEARS, THARAMMAL HOUSE, KOLATHARA POST, CHERUVANNOOR, KOZHIKODE. BY ADVS. MR.VAKKOM N.VIJAYAN, SMT.VINITHA PRASANNAN, MR.P.ANIYAN, SMT.REEJA HARI, SMT.REENA.C.STEPHENSON, MR.A.S.SACHIN. RESPONDENTS/RESPONDENTS/COMPLAINANTS: ------------------------------------------------------------------------ 1. THE ASSISTANT COMMISSIONER OF CUSTOMS, SPECIAL CUSTOMS PREVENTIVE DIVISION, KOZHIKODE. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY MR. T.P.M. IBRAHIM KHAN, A.S.G., R2 BY PUBLIC PROSECUTOR MR. JAYAKRISHNAN. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 02/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P.S.Gopinathan, J. ========================================== Crl.R.P.3404 of 2005 ========================================== Dated this the 2nd day of December, 2009. ORDER 1.Assailing the concurrent finding of guilt and conviction for offence under Section 135(1)(i) of the Customs Act; and sentence of simple imprisonment for six months and a fine of Rs.30,000/-, the 1st accused in C.C.39/95 on the file of the Additional Chief Judicial Magistrate (Economic Offences), Ernakulam has come up in revision. 2.Learned counsel for the revision petitioner submitted that the revision petitioner is not assailing the conviction. He is assailing the sentence alone. According to the learned counsel, the revision petitioner is now aged 59 years and he is a man without any avocation and that after this case no such incident is reported and that he had already been in custody for CRRP3404/05 -:2:- thirteen days. In the circumstances, the learned counsel seeks leniency in awarding sentence. 3.Having heard either side, I find that there is merit in the submission and that the detention for thirteen days already undergone with a fine of Rs.35,000/- would meet the ends of justice. In the result, recording the submission made by the learned counsel for the revision petitioner, this revision petition is allowed in part. While confirming the conviction, the sentence is reduced to simple imprisonment for thirteen days, which he had undergone and a fine of Rs.35,000/-. In default of payment of fine, the revision petitioner shall undergo imprisonment for three months. If any amount has already been deposited by the revision petitioner, that shall be given credit to. sl. P.S.Gopinathan, Judge.