JUDGMENT :

L. S. Pirzada, J.

1. Rule. Learned A.P.P. Mr.Niraj Sharma waives service of Rule for the respondent no.1 and learned advocate Mr.Utkarsh Sharma waives service of Rule for the respondent no.2.

2. The present revision application preferred by the present applicant – original accused under Section 397 read with Section 401 of the Code of Criminal Procedure, is directed against the judgment dated 08.10.2003 passed by the learned Sessions Judge, Valsad in Criminal Appeal No.9 of 2002 whereby, the appeal preferred by the present applicant – accused came to be dismissed and the judgment of conviction dated 31.07.1993 passed by the learned Additional Chief Judicial Magistrate, Valsad in Criminal Case No.1 of 1989, convicting the accused for the offence punishable under Section 135 of the Customs Act, 1962 (for short, “the Act”) and sentencing him to undergo two years’ rigorous imprisonment and to pay a fine of Rs.2,000/–, in default, to undergo two months’ simple imprisonment, came to be confirmed.

3. Heard learned advocate Mr.Rushabh Shah for the applicant. He submitted that the judgment passed by both the Courts below is bad in law and against the evidence produced before the Cour