IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1356 of 2011 Ram Janam Rai, son of Awadh Rai, resident of village- Chauhari, P.S- Riga Sitamarhi. ………….Petitioner Versus The Union of India ………..Opposite Party ---------------------------------- 5. 22.12.2011 The accused petitioner has preferred this revision application against the judgment and order dated 12.07.2011 passed by the learned Additional Sessions Judge, 14, Patna in Cr. Appeal No.200/2007 by which the judgment and order dated 4.04.2007 passed by the learned Presiding Officer, Special Court, Economics Offences, Patna in complaint case no.99 (C)/1998, Trial No.1618/2006 under Section 135 (i) (b) of the Customs Act, 1962 has been confirmed and the appeal has been dismissed. The learned counsel for the petitioner submits that the lower court records have been received and this case may be disposed of at this stage itself. Mrs. Archna Sinha, the learned counsel for the Union of India has got no objection. Heard the learned counsel for the petitioner, 2 the learned counsel for the Union of India and on perusal of the impugned judgment, it appears that the petitioner has been found guilty under Section 135 (i) (b) of the Customs Act, 1952 and he was sentenced to undergo R.I. for three years and also to pay a fine of Rs.2000/- and in default of payment of fine, further R.I. for one month. It appears that the petitioenr is a Driver of the truck. He has no criminal antecedent. He has been in custody for about seven months. He is the sole earning member of his family and the value of goods is also below 30 lacs. Considering the facts and circumstances stated above, in my opinion, it is a fit case in which the sentence of the petitioner should be reduced/modified. Accordingly, the sentence of the petitioner is reduced to the period already undergone in custody and a fine of Rs.5000/-. The petitioner is directed to deposit a sum of Rs.5000/- in the trial court and file a receipt thereof. Thereafter, the petitioner will be released, if not required in any other case. With this modification in the sentence, this 3 revision application stands disposed of. Let this order be communicated to the Presiding Officer, Special Court, Economics Offences, Patna in complaint case no.99 (C)/1998, Trial No.1618/2006 through fax at the cost of the petitioner. V.K. Pandey ( Amaresh Kumar Lal, J.)