Vel Pal vs State of Haryana

Mehtab S. Gill, J.

The matter involved herein concerns the conviction of the petitioner under Section 61(1)(a) of the Punjab Excise Act recorded by Judicial Magistrate Ist Class, Hansi and consequent sentence of nine months rigorous imprisonment and to pay a fine of Rs. 500/ and in default of payment of fine, to undergo further rigorous imprisonment for 65 days.

Shorn of unnecessary details, the prosecution case is that on August 27, 1984 the petitioner was found in possession of 800 grams of charas. He was apprehended. Necessary investigation was conducted and ultimately he was challaned.

After conclusion of trial, the petitioner was convicted and sentenced as noticed above.

The counsel for the petitioner made some attempts to call in question the legality of the order of conviction but when he was taken through the evidence brought on record regarding the commission of crime by the petitioner, he could not urge anything regarding conviction. Otherwise also, I have carefully scrutinised the evidence and the judgments of the Courts below and find no infirmity in the same. Therefore, the conviction of the petitioner is confirmed.

So far as the sentence part of the judgment is concerned, I may observe that the main purpose of the sentence broadly stated is that the accused must realise that he has committed an act which is not only harmful to the society of which he forms an integral part but is also harmful to his own future, both as an individual and as a member of the society. Punishment is designed to protect society by deterring potential offenders as also by preventing the guilty party from repeating the offence. It is also designed to reform the offender and reclaim him as a law abiding citizen for the good of the society as a whole. The occurrence, in this case, took place on August, 27, 1984 and during this long period, the petitioner has suffered the agony of criminal prosecution which, in my opinion, is sufficient to reform him.

Taking into consideration the above aspect of the case, I feel that it would meet the ends of justice if I reduce the substantive senence of imprisonment awarded to the petitioner to that already undergone by him but I maintain the sentence of fine. Period of imprisonment in case of default will remain the same.

The Criminal Revision is disposed of in the manner indicated above.

The petitioner shall stand discharged from his bail bonds and surety bonds, if any.