Law: Sea Customs Act, 1878

Section: 167

See Customs Act (VIII of 1878)--S. 167(81)--Criminal Procedure Code (V of 1898), S. 439--Reduction of sentence--Revision petition being heard after about 15 years--Accused already having undergone agony of protracted trial and long delay in disposal of such petition--Fear arising out of apprehended dismissal of revision petition, held, by itself was sufficient punishment--Sentence reduced to one already undergone. JUDGMENT This is a revision petition filed by Lal Din, petitioner, against the judgment of a learned Additional Sessions Judge of Lahore, dated 19-10-1970, dismissing his appeal. Earlier, a Section 30 Magistrate of Lahore, by his judgment dated 29-6-1970, had convicted the petitioner under section 167(81) of the Sea Customs Act, 1878 and sentenced him to undergo two years' rigorous imprisonment. 2. In brief, the case of the prosecution as against the petitioner is that on 25-1-1968, the S.H.O., S.I. l1ab Nawaz Khan, reached the house of the petitioner situated at Jhugian Daras, P.S. Manawan, and arrested two Indian smugglers, namely, Piara Singh and Deeps, from his house. The petitioner, on seeing the police party, slipped away and escaped, 17 ½ seers of small cardamom were recovered from the house of the petitioner by the police. The case was registered and investigated. Piara Singh and Deeps were separately tried and convicted. The petitioner was tried separately. 3. I have heard the arguments of the learned counsel for the petitioner and the State. The learned counsel for the petitioner only presses for the reduction of the…

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