In the High Court of Punjab and Haryana at Chandigarh Crl.Revision No. 2801 of 2008 Date of Decision:30-01-2009 Roshan Lal ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA Present: Mr. Naresh Kaushik,Advocate, for the petitioner Mr. Aman Deep Singh Rai, AAG, Punjab SABINA, J. Roshan Lal-petitioner was convicted under Section 61(1)(a) of Punjab Excise Act, 1914 (hereinafter referred to as 'the Act') vide judgment dated 3.10.2006 and vide order of even date was sentenced to undergo rigorous imprisonment for 8 months and fine of Rs. 1000/- by the Judicial Magistrate Ist Class, Zira. Aggrieved by the same, petitioner preferred an appeal and the same was dismissed vide judgment dated 23.10.2008 passed by learned additional Sessions Judge, Moga. Hence, the present revision petition. The prosecution story, in brief, as noticed by the Appellate court in para 2 of its judgment is as under:- “Story put forth by the prosecution against the accused before the learned trial court, was that on 7.7.1999 ASI Harbhajan Singh of Police Station Dharamkot along with C.Surjit Singh and other police officials were present at the main chowk of Kot Ise Khan in connection with excise checking where ASI Harbhajan Singh received secret information that accused was Crl.Revision No. 2801 of 2008 -2- habitual of selling English whisky and country made liquor. It was also in the secret information that in case raid was conducted at the tea sop of the accused at Galoti Road, English whisky and country made liquor could be recovered. Finding the secret information to be reliable, ASI Harbhajan Singh sent ruqa to the police station on which basis formal FIR was registered against the accused. Private witness Jora Singh was joined in the police party and raid was conducted at the disclosed place where the accused was found present. He was nabbed on the spot. On interrogation he suffered disclosure statement regarding concealment of English whisky and country made liquor. On the basis of his disclosure statement he got recovered 35 bottles of English whisky make Bagpiper, 35 bottled of English whisky made Aristocrat and 30 bottles of country made liquor make Santra from behind the almirah of his tea-shop. ASI Harbhajan Singh took out one sample each of 180 mls. in separate nips from each of the recovered bottles. All the sample nips and the bottles were separately sealed by ASI Harbhajan Singh with his seal of mark HS. He also prepared sample of his seal and seal after use was handed over to C. Surjit Singh. The entire case property was taken into possession by preparing separate recovery memo. Rs. 100/- were recovered from personal search of the accused regarding which a separate memo was prepared. ASI Harbhajan Singh prepared site plan of the place of recovery and recorded statements of the witnesses. Sample parcels and sample of seal were seen to the office of Chemical Examiner. On receipt of report of Chemical Crl.Revision No. 2801 of 2008 -3- Examiner and completion of entire investigation the accused was challaned to face trial in this case.” During the course of arguments, learned counsel for the petitioner has not challenged the conviction of the petitioner under /section 61(1)(a) of the Act but has submitted that the sentence of imprisonment be ordered to reduced to the period already undergone by the petitioner. He has further submitted that the petitioner is not a previous convict. The petitioner was facing criminal proceedings since the year 1999. Keeping in view the submission made by learned counsel for the petitioner, it is fit case where the sentence of imprisonment is liable to be reduced to period already undergone by the petitioner. Accordingly, conviction of the petitioner under Section 61(1)(a) of the Act is maintained. However, his sentence of imprisonment is reduced to already undergone Fine is said to have already been deposited. Petition stands disposed of in the above terms. (SABINA) JUDGE January 30, 2009 PARAMJIT