IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Rev. No. 270 of 2004 Date of Decision: April 30,2009 Amrit Sagar ...................................................................Petitioner Versus State of Punjab ............................................................. Respondent Coram: Hon'ble Mr.Justice Ashutosh Mohunta Present: Mr. R.S.Ahluwalia, Advocate for the petitioner. Mr. A.S.Grewal, Addl. A.G. Punjab. ... ASHUTOSH MOHUNTA, J. (Oral) The petitioner is aggrieved by the judgment of both the Courts below vide which he has been convicted under Section 61(1)(a) of the Punjab Excise Act and has been sentenced to undergo imprisonment for six months and to pay a fine of Rs.2000/- and in default of payment of fine, to further undergo RI for two months. Briefly the facts of the case are that on 27.5.1999 on a secret information received by the police the premises of the petitioner were searched. On search of his Khoka, 21 boxes of country made liquor of different kinds were recovered from him. A total of 250 bottles of country made liquor were recovered. On the basis of the testimony of PW2 ASI Lakhbir Singh and PW4 SI Rattan Singh the petitioner was convicted and sentenced for six months by the Judicial Magistrate Ist Class, Pathankot, [ 2 ] Crl. Rev. No. 270 of 2004 vide judgment dated 5.7.2002. The appeal filed by the petitioner was dismissed by the Additional Sessions Judge, Gurdaspur, vide judgment dated 20.10.2003. Counsel for the petitioner submits that he does not wish to challenge the findings of both the Courts below. As far as the conviction of the petitioner is concerned, a lenient view be taken with regard to the sentencing of the petitioner as he is more than 70 years of age as of now and has already undergone 4-1/2 months of actual sentence out of a total substantive sentence of six months. The period of imprisonment undergone by the petitioner is not denied by the counsel for the State. After hearing the counsel for the parties, I am of the considered opinion that the petitioner has virtually served out the entire sentence as awarded by both the Courts below. He is also an old man of more than 70 years of age. In this view of the matter, while upholding the conviction of the petitioner under Section 61(1)(a) of the Punjab Excise Act, I reduce the sentence of the petitioner to the one already undergone by him. Revision petition is disposed of. 30.4.2009 ( ASHUTOSH MOHUNTA ) Rupi JUDGE