Criminal Revision No.1735 of 2001 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Revision No.1735 of 2001
Date of decision 24.02.2009
Ajmer Singh .....Petitioner
versus
State of Punjab .....Respondent
Coram:- Hon’ble Mr. Justice A. N. JINDAL.
Present: Mr. Ram Bilas Gupta, Advocate as Amicus Curiae for the
petitioner.
Ms. Simsi Dhir, AAG, Punjab.
A. N. JINDAL, J
The petitioner has assailed the judgment dated
6.02.1999, passed by learned Additional Chief Judicial Magistrate,
Sangrur, convicting and sentencing him to undergo rigorous
imprisonment for one year and to pay a fine of Rs.5000/- under
Section 61(1)(a) of the Punjab Excise Act.
Charge against the petitioner was that the he was found
in possession of 30 litres of Lahan and 3 bottles of illicit liquor without
any permit or licence..
On trial, he was convicted, his appeal also failed.
Without assailing the judgment of conviction, some
leniency on the quantum of sentence has been sought.
On scrutiny of record, it transpires that the occurrence
took place way back in the year 1996. The petitioner has suffered a
lot of agony during trial and due to the pendency of proceedings in
this Court. He has already undergone more than five months of
sentence. Admittedly, he has not repeated the offence while on bail.
Criminal Revision No.1735 of 2001 -2-
Under these circumstances, it would be in the fitness of things if the
sentence, awarded against him, is reduced to six months to which
counsel for the petitioner has not objected.
In view of the peculiar circumstances of the case, this
petition is dismissed with the modification in the sentence to that of
six months without any alteration in the sentence of fine.
Copy of the judgment be sent to the Chief Judicial
Magistrate, Sangrur for compliance.
( A. N. JINDAL )
JUDGE
24.02.2009
A.Kaundal