Crl. Rev. No. 1845 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Rev. No. 1845 of 2010 Date of Decision: October 12, 2010 Leela Singh …..Petitioner Vs. State of Punjab …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- None for the petitioner. Mr.Abhishekh Chautala, AAG, Punjab. -.- M.M.S. BEDI, J. (ORAL) Petitioner has questioned the legality and propriety of the order of conviction passed by Judicial Magistrate Ist Class, Mansa, sentencing the petitioner to undergo an imprisonment for a period of one year and to pay a fine of Rs.5000/- and to further undergo RI for two months in default of payment of fine under Section 61 (1) (c) of Punjab Excise Act. Crl. Rev. No. 1845 of 2010 [2] After going through the judgments passed by the Courts below, I am of the opinion that the statement of Excise Inspector Amrik Singh, PW1, test report of lahan Ex.PA, Statement of PW2 HC Yadwinder Singh , Statement of PW3-HC Labh Singh, Investigating officer and statement of ASI Sukhdev Singh, PW4, the recovery witness are sufficient enough to establish the recovery. Documents Exhs. P1 to P12 have been taken into consideration by the Courts below while passing the conviction order. The petitioner has been convicted in three similar case under the Excise Act and is being tried for four cases of poppy husk as such there is no scope for releasing the petitioner on probation. The petitioner has been facing trial w.e.f. March, 2003. Taking into consideration the said circumstance, the sentence of imprisonment is reduced from one year to six months, the minimum prescribed under Section 61 (1) (c) of the Excise Act, maintaining the sentence of fine. Disposed of. October 12, 2010 (M.M.S.BEDI) sanjay JUDGE