( 1 ) LINDER Frank Wolfgang, petitioner-original accused has filed this Revision Application under Secs. 397, 401 read with Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as `the Code) has challenged the judgment and order dated 18th January, 2000, passed by the learned Additional City and Sessions Judge, Court No. 12, Ahmedabad in Criminal Appeal No. 42 of 1999. The learned Sessions Judge was pleased to dismiss the appeal No. 42 of 1999 and confirmed the judgment and order dated 31st March, 1999, passed by the learned Chief Metropolitan Magistrate, Ahmedabad in Criminal Case No. 18 of 1997 and confirmed the sentence imposed under Sec. 248 (2) of the Code read with Sec. 135 of the Customs Act, 1962 (hereinafter referred to as `the Act) imposing five years simple imprisonment and Rs. 5,000. 00 fine and in default of this, three months more simple imprisonment. 1. 1 originally, Shri Yogesh Lakhani, learned advocate was appearing on behalf of the petitioner. However, he has expressed his desire to retire from this case and he was allowed to retire in view of the desire of the accused himself. However, in view of the legal question raised in th