IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.1446 of 2005 Date of Decision 27.10.2010 Naresh and others ...... Petitioners VERSUS State of Haryana ...... Respondent CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Saroj Malakar, Advocate, for Mr.Deepak Agnihotri, Advocate, for the petitioners. Mr.J.S.Rattu, Deputy Advocate General, Haryana, for the respondent-State. ***** A.N.JINDAL, J: This petition has arisen out of the judgment dated 20.07.2005, passed by Appellate Court dismissing the appeal against the judgment dated 21.03.2005, passed by the trial Court, convicting and sentencing the petitioners-accused (herein referred as 'the petitioners') to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.10,000/- each under Section 61(1)(a) of the Punjab Excise Act, 1914 (herein referred as 'the Act'). Allegations against the petitioners are that they were found in possession 33 boxes of Touch XXX Rum and 23 boxes of bottles make Royal Touch Blended Whisky without any permit or licence. Consequently, on trial, they were convicted and sentenced accordingly. Their appeals also failed. Without assailing the judgment of conviction, learned counsel for the petitioners has urged for extending some leniency on the quantum of sentence. Criminal Revision No.1446 of 2005 -2- Even otherwise, on scrutiny of the impugned judgment, the evidence, as examined by the prosecution, appears to have been appreciated in the right perspective. No such illegality much less irregularity was found or detected in the conduct of trial or procedure, which may result into miscarriage of justice or failure of justice, therefore, the findings returned by the Courts below regarding conviction do not call for any interference at this revisional stage. Now coming to the quantum of sentence, it is noticed that the occurrence took place way back on 12.12.1996; the petitioners have suffered a lot of agony on account of the pendency of proceedings in the Courts for the last fourteen years and the sword of sentence remained hanging over their heads since then; they have already undergone more than 1 ½ months of the substantive sentence, therefore, it would be in the fitness of things to take a lenient view in the matter.. Resultantly, this petition is dismissed with the modification in the sentence which is reduced to six months. However, the sentence of fine is enhanced to Rs.20,000/- each (Rs.10,000/- more) which would be paid by the petitioners within three months from today, failing which they would serve the remaining part of sentence as awarded by the Courts below. Copy of the order be sent to the Chief Judicial Magistrate, Narnaul, for compliance. (A.N.Jindal) Judge 27.10.2010 mamta-II