M B CHAVDA, CUSTOMS INSPECTOR v. NIZAM S

#. Learned counsel Mr.Shah has submitted that the foreign currency was recovered from the accused. The accused had pleaded guilty. Considering the gravity of the offence committed by the accused, the accused ought to have been sentenced with the maximum sentence (i.e. imprisonment for three years) that could be imposed upon the said accused. The learned Magistrate, however, has dealt with the accused leniently by imposing sentence of Simple Imprisonment for eight months only. #. It appears that the learned Magistrate has considered special circumstances under which the accused were induced to commit the offence in question and the period of judicial custody undergone by the accused pending trial while imposing sentence upon the accused. I see no justification for interfering with the discretion exercised by the learned Magistrate, more than four years after the date of conviction, more particularly in the circumstances narrated by the accused in their Application Ex.52. #. The Revision Application is dismissed. Rule is discharged. 24th December, 2001.(cid:9) (cid:9)( Ms. R.M. Doshit, J. ) /sakkaf