LINDER FRANK WOLFGANG Vs. YOGESH D SHAH

JUDGEMENT

(1.) Leave granted.

(2.) Shri Harjinder Singh learned Counsel for the appellant has not challenged before us the conviction of the appellant under Section 135 of the Customs Act, 1962 and the sentence of simple imprisonment for five years and fine of Rs. 5,000/-. The sole contention raised by him is that the mother of the appellant who is an old lady is seriously ill in Poland and she has expressed a desire to see her only son. He referred to a copy of the letter dated 15-5-2001 received from the Consulate of the Republic of Poland in Mumbai to the Minister of Jails (Gujarat) requesting him to grant remission of the remaining period of sentence (then 7 months) on compassionate and humanitarian grounds. Learned Counsel further contended that the appellant has already undergone substantial part of the sentence which is to be completed in December, 2001. In view of the subsequent development after the judgment of the High Court the learned Counsel contended that this Court may reduce the sentence to the period of imprisonment already undergone and order release of the appellant immediately.

(3.) Sri T. V. Ratnam, learned Counsel for the respondents contended that in view of the serious allegations made against the appellant in the case this Court should not accept the prayer for modification of the sentence.