Sugan Ram vs State of Haryana

T.H.B. Chalapathi, J. (Oral)

This Revision Petition is filed against the conviction and sentence imposed by the Courts below for an offence under Section 61(1)(a) of the Punjab Excise Act, 1914.

According to the case of the prosecution, the accused was found to be in possession of illicit liquor on April 4, 1982 at about 4.30 p.m. in village Sanwar. On the basis of the report of the Sub Inspector First Information Report was registered. On completion of the investigation, chargesheet was filed against the accused in the Court of SubDivision Judicial Magistrate, Charkhi Dadri. The learned Magistrate framed a charge for the offence under Section 61(1)(a) of he Punjab Excise Act, 1914 and the accused pleaded not guilty to the said charge.

In order to prove the guilt of the accused, the prosecution examined two witnesses and marked two documents. On the basis of the evidence on record, the learned Magistrate convicted the accused for an offence under Section 61(1)(a) of the Punjab Excise Act, 1914 and sentenced him to undergo six months Rigorous Imprisonment and to pay a fine of Rs. 500/, vide JUDGMENT dated September 27, 1985.

Aggrieved by the same, the accusedpetitioner preferred Criminal Appeal No. 25 of 1985 in the Court of Additional Sessions Judge, Bhiwani. The learned Additional Sessions Judge, Bhiwani, on a consideration of the evidence on record confirmed the conviction and sentence imposed by the learned Magistrate.

Aggrieved by the same, the accused preferred the above Revision Petition.

It is the case of the prosecution that the accused was found in possession of illicit liquor on April 4, 1982 at 4.30 p.m. The illicit liquor was recovered from the possession of the accused. The evidence of both the witnesses is consistent and I am of the opinion that both the Courts below rightly convicted the accused for an offence under Section 61(1)(a) of the Punjab Excise Act, 1914. I do not, therefore, find any ground to interfere with the same.

I accordingly confirm the conviction of the accused for the offence under section 61(1)(a) of the Punjab Excise Act, 1914.

The offence is stated to have taken place on April 4, 1982, i.e., about thirteen years back. The accused was already in jail for a period of one month including the pretrial detention. It is brought to my notice that the accusedpetitioner had already paid the amount of fine. In these circumstances, I am of the opinion that the ends of justice will be met if the sentence of imprisonment is reduced to the period already undergone by the petitioner. I accordingly reduce the sentence of imprisonment while maintaining the sentence of fine.

Subject to the modification in the sentence of imprisonment, the Revision petition is dismissed.

Petition. dismissed.