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Judgment
Kanwaljit Singh Ahluwalia, J.—Om Parkash, Respondent, was tried for the offence u/s 135 of the Customs Act, 1962 and Section 85 of the Gold Control Act. The Court of learned Chief Judicial Magistrate, Amritsar, on 23rd November, 1989 released him on probation. Aggrieved against the said judgment, Assistant Collector of Customs, Amritsar, filed an appeal in the Court of learned Sessions Judge, Amritsar. Learned Additional Sessions Judge, Amritsar dismissed the appeal and observed as under:
Mr. Sharma, the learned Counsel for the Respondent has also drawn my attention to Full Bench Authority of Hon''ble Supreme Court of India reported as Eknath Shankarrao Mukkawar Vs. State of Maharashtra, . It has been held under head note "A" that a new Code of Criminal Procedure, 1978 has not abolished the High Court''s power of enhancement of sentence by exercising revisional jurisdiction, suo motto. The provision for appeal against inadequacy of sentence b the State Govt. or the Central Government does not lead to such a conclusion. The Appellant is in a way asking for the enhancement of the sentence. As already discussed above the appeal would not lie to this Court. Therefore, this appeal is not maintainable nor any order regarding enhancement of sentence can be passed by this Court.
For the reasons given above as the appeal is not maintainable as it does not lie to this Court, therefore, the same is dismissed on the point of being not maintainable. However, the Appellant may apply to the competent Court for the enhancement of the sentence, if so desired. File be consigned.
Even going through the observations of learned Additional Sessions Judge, Amritsar, no appeal u/s 377 Cr.PC was filed, instead the present revision Petition has been preferred.
The occurrence in the present case pertains to 13th May, 1985. A period of more than 22 years has passed. Respondent has already undergone the period of probation. No interference is called for by this Court. Therefore, the present revision Petition is dismissed.