Criminal Revision No.540 of 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.540 of 2006. Date of Decision : 9.3.2011. Ashok Kumar ......Petitioner Versus State of Punjab ......Respondent CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. B.S. Kathuria, Advocate, for the petitioner, Mr. Ranvir S. Chauhan, DAG, Punjab, for the respondent-State. NAWAB SINGH J.(ORAL) This revision is directed against the judgment dated January 20th, 2006 passed by Additional Sessions Judge, Barnala affirming the judgment of conviction and order of sentence dated March 12th, 2005 of Judicial Magistrate First Class, Barnala, whereby the petitioner was convicted under Section 61(1)(a) of the Punjab Excise Act, 1914 and sentenced to undergo rigorous imprisonment for a period of six months and to pay fine of Rs.1000/- with default stipulation. 2. On August 18th, 2001 petitioner was apprehended by the Police while he was carrying 12 bottles of country made liquor. 3. Learned counsel urged that he does not challenge the conviction and prays for reduction of the sentence. 4. Indeed, the occurrence took place in the year 2001 and thus, the petitioner has suffered the agony of protracted criminal proceedings spreading over a long period of 9 years. The petitioner is not previous convict nor has he indulged in any criminal activity before or after registration of this case and is the only bread earner of his family. He has already undergone actual sentence of more than two months. Criminal Revision No.540 of 2006 2 5. The aforesaid circumstances justify the request made. Hence, this Court upholds the conviction of the petitioner but reduces the sentence to the period already undergone by him. However, the amount of fine shall remain intact. 6. The revision is accepted partly as indicated above. (NAWAB SINGH) JUDGE 9.3.2011. SN