IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.720 of 2002 Date of decision: 22 nd April, 2010 Sanjeev Kumar … Petitioner Versus State of Punjab … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Raman Gaur, Advocate for the petitioner. Mr. Mehardeep Singh, Deputy Advocate General, Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Sanjiv Kumar son of Gurdial Chand has preferred present revision petition. He was named as an accused in case FIR. No.85 dated 26.03.1999 registered at Police Station Kotwali, Barnala under Section 13A of The Public Gambling Act, 1867 (hereinafter referred to as, ‘the Act’). HC Jaswant Singh PW-1 had sent a ruqa Ex.PA to Police Station Kotwali, Barnala, on the basis of which formal FIR Ex.PA/1 was registered. In the ruqa, it was stated that HC Jaswant Singh PW-1, along with his companion police officials, was present on patrolling duty at Gadda Khana Chowk, where a special informant relayed information that Sanjiv Kumar son of Gurdial Chand, caste Aggarwal, resident of Ram Bagh Road, Barnala, on the road between the bus stand and taxi stand, used to issue slips to the general public pertaining to Satta. It was Criminal Revision No.720 of 2002 further stated that Sanjiv Kumar used to say in a loud voice that anybody who pays Re.1/- would get Rs.70/- in case in the draw of lots number chosen was declared successful. Considering that information to be reliable, a police party in plain clothes proceeded to the spot. HC Sarabjit Singh in plain clothes got a currency note of Rs.100/- marked, had put a stake at No. 34 and obtained a receipt from the accused. On a signal given by HC Sarabjit Singh, a raid was conducted and the accused was apprehended at the spot. From his right hand a ball pen and from left hand, a piece of cardboard and Parcha Darha Satta having date of 26 th March, 1999 with first entry as 12/20 and last entry as 34/100, were recovered. The marked currency note was also recovered from the accused. His personal search was conducted and a memo to this effect was prepared reflecting the currency notes and the articles recovered. The trial Court relying upon the testimony of the witnesses, convicted the petitioner for an offence punishable under Section 13A of the Act and sentenced him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.500/-, and in default of payment of fine to further undergo rigorous imprisonment for 15 days. Aggrieved against the same, petitioner had filed an appeal. The appellate Court below finding no merit in the appeal, had dismissed the same. Conviction and sentence of the petitioner were maintained. The prosecution had examined HC Jaswant Singh as PW-1 and HC Sarabjit Singh as PW-2. Both the Courts below have considered the argument that independent witness was not examined and held that in case police witnesses aspire confidence, examination of the independent witness is not necessary. The contradiction, which emerged in the deposition of the 2 Criminal Revision No.720 of 2002 witnesses was also ignored on the ground that the same was of minor nature. This Court, while exercising revisional jurisdiction, cannot re-appreciate or re-appraise the evidence. No patent illegality or irregularity is discernible from the perusal of the judgments of both the Courts below. Hence, no interference is warranted. Occurrence, in the present case, had taken place in the year 1999. The appeal preferred by the petitioner was dismissed on 8 th February, 2002 and he was taken into custody. He was granted bail by this Court on 10 th April, 2002. Thus, the petitioner has undergone more than two months of actual sentence out of the total sentence of six months awarded to him by the trial Court. Taking into consideration the protracted trial, this Court is of the view that ends of justice will be fully met in case sentence of the petitioner is reduced to the period already undergone. With the observations made above, present revision petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE April 22, 2010 rps 3