Case Law Details
Assistant Commissioner of Custom Vs Navaskhan (Madras High Court)
The present criminal revision petition is filed against the order of the learned Judicial Magistrate No.I, Trichy in C.C.No. 167 of 2018 dated 18.07.2018 sentencing the respondent to convict him imprisonment till the rising of Court and imposed a fine of Rs.15000, in default of payment, one month simple imprisonment under Section 241 of Cr.P.C.
2. According to the revision petitioner, the Assistant Commissioner of Custom, the respondent was convicted under Section 135 of the Customs Act, 1962. As per clause 3 of Section 135, minimum sentence is provided for one year and in case of less than one year special reason is to be assigned. However, under the same section, 4 cases were mentioned which do not come under the special jurisdiction for passing sentence less than one year.
3. Mr. C. Arulvadivel @ Sekar, learned counsel appearing for the petitioner/complainant would submit that the Judicial Magistrate has passed order sentencing the respondent till the rising of the court only on the ground that he was the first offender. Such reason does not come within the ambit of Section 135(3)(1) which specifically excludes that the first time offender need not be shown any lenience by imposing less than statutory punishment. Therefore, the learned counsel would submit that it is a fit case to be remanded to the learned Judicial Magistrate for fresh consideration.
4. At this, the learned counsel appearing for the respondent would stoutly oppose for remanding the matter. The learned counsel would submit that it is entirely the discretion of the Magistrate to award less than the statutory punishment prescribed under the provisions of the Customs Act and if the discretion exercised by the Magistrate, does not found to be perverse and arbitrary, the same need not call for any interference from this Court.
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