IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.428 of 2002
(Against the judgment and order dated 28.02.2002 passed by Sri
Rakeshwar Dayal, 1st Additional Sessions Judge, Gaya in Criminal
Appeal No.3/01)
==================================================
Madhuri Kumar Singh, son of Kedar Nath Singh, resident of village-
Bara, P.S.-Imamganj, District- Gaya.
…. …. Petitioner
Versus
The State of Bihar
…. …. Opposite party
==================================================
Appearance :
For the Petitioner : Mr. Surendra Kumar Singh, Senior Advocate
: Mr. Praveen Prakash, Advocate
For the State : Mrs. I.B.Pandey
==================================================
CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL)
Amaresh Kumar Lal,J. The accused-petitioner has preferred this revision
application against the judgment and order dated
28.02.2002 passed by the learned 1st Additional Sessions
Judge, Gaya in Criminal Appeal No.3/01 by which the
judgment and order of conviction and sentence dated
22.07.1998 under Section 20 of Bihar Forest Produce
(Regulation of Trade) Act, 1984 by the learned Judicial
Magistrate, Ist Class, Sherghati at Gaya in Forest Case
No.146/90, Trial No.34/98 has been confirmed and the
Patna High Court CR. REV. No.428 of 2002 dt.26-09-2011 2
appeal has been dismissed.
The prosecution case, in brief, is that on
20.11.1990, Forest Officials were performing checking
work at Banke Bazar Forest Check Naka and they
stopped one Ambassador car and on search Katha
biscuits weighing 90 K.Gs. kept in four bags in dickey
of Car were found being transported without transit
permit and four accused persons including the petitioner
were arrested and others managed to escape and the
convict and others could not produce any paper of katha
and Car and office report and seizure list were prepared
on the spot and they were arrested and remaining four
accused persons fled away. After investigation, charge-
sheet was submitted. Cognizance was taken against all
the accused including the petitioner. The other accused
absconded after getting bail. The petitioner has faced his
trial and he has been convicted and sentenced to R.I. for
six months under Section 42 of the Indian Forest Act
and six months R.I. under Section 20 of the Bihar Forest
Produce (Regulation of Trade) Act, 1984. Thereafter the
petitioner filed Criminal Appeal No.3/01 against the
aforesaid judgment of conviction and sentence passed
Patna High Court CR. REV. No.428 of 2002 dt.26-09-2011 3
by the learned Judicial Magistrate. After hearing the
learned counsel for both the parties, the judgment and
order of conviction and sentence under Section 42 of the
Indian Forest Act has been set aside and the conviction
and sentence under Section 20 of the Bihar Forest
Produce (Regulation of Trade) Act, 1984 has been
affirmed by the impugned judgment and order.
The learned counsel for the petitioner has
submitted that there is no material on the record to show
that the petitioner has any criminal antecedent. The
petitioner should have been granted the benefit of
Probation of Offenders Act. The occurrence has taken
place on 20.11.1990 and almost 21 years have passed.
The accused petitioner has been suffering from mental
agony and the sentence of the petitioner deserves to be
modified.
Learned counsel for the State could not controvert
the contention of the petitioner.
After hearing the learned counsels for both the
parties and on perusal of the materials on record, it
appears that the contention of the learned counsel for the
petitioner is correct. The case is of the year 1990 and
Patna High Court CR. REV. No.428 of 2002 dt.26-09-2011 4
almost 21 years have passed. The accused petitioner has
been suffering from mental agony and has also served
the sentence for about one month.
Considering the facts and circumstances, in my
opinion, it is fit case in which the sentence of the
petitioner should be modified. The sentence of the
petitioner is reduced to the period already undergone in
custody.
With this modification in the sentence, this
petition is dismissed.
( Amaresh Kumar Lal, J.)
Patna High Court, Patna
Dated the 26th September, 2011
NAFR/V.K. Pandey
