Diwan Singh vs State of Haryana

Sat Pal, J.

This revision petition is directed against the judgment, dated 9th March, 1995, passed by Additional Sessions Judge, Bhiwani in Criminal Appeal No. 52 of 1993, whereby the learned Additional Sessions Judge rejected the appeal of the petitioner and confirmed the judgment, dated 27th November, 1993, passed by the Judicial Magistrate, First Class, Loharu, in terms of which the petitioner was convicted under Section 61(1) (a) of the Punjab Excise Act, 1914 and was sentenced to undergo rigorous imprisonment for a period of five months and to pay a fine of Rs. 500/ and in default of payment of fine, to undergo further rigorous imprisonment for a period of one month.

Ms. Vanita Sapra, learned counsel appearing on behalf of the petitioner, submitted that in the present case, alleged recovery was only one jerrycan containing illicit liquor. She further submitted that the petitioner has already faced strain of prosecution for the last more than 3 years and he is in jail since 9th March, 1995. She further submitted that it is the first offence committed by the petitioner. She, therefore, contended that the sentence awarded to the petitioner be reduced to the one already undergone. In support of her submission, she placed reliance on a judgment of this Court in the case of Mehar Singh v. The State of Haryana, 1988(2) RCR 405 .

I have given my thoughtful consideration to the submissions made by the learned counsel for the parties and have perused the record. Keeping in view the small recovery of the illicit liquor and also keeping in view the fact that more than three years have passed from the date of the incident and the petitioner has already undergone imprisonment for 11/2 months. I am of the view that it will meet the ends of justice if the sentence awarded to the petitioner is reduced to the one already undergone. Accordingly, the conviction of the petitioner under Section 61(1) (a) of the Punjab Excise Act is maintained and the substantive sentence awarded to the petitioner is reduced to the one already undergone. The sentence of fine is, however, maintained Dasti.

JUDGMENT accordingly.