IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.1959 of 2005 Date of Decision 09.03.2010 Ravi @ Annu ...... Petitioner(s) VERSUS State of Haryana ...... Respondent(s) CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: None for the petitioner. Mr.Rajiv Malhotra, Addl. Advocate General, Haryana. ***** A.N.JINDAL, J(ORAL): The Addl. Sessions Judge, Kurukshetra, vide judgment dated 26.09.2005, dismissed the appeal of the petitioner-accused (herein referred as 'the petitioner') against the judgment dated 21/22.01.2003, passed by Judicial Magistrate Ist Class, Kurukshetra, convicting and sentencing him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.1,000/- under Section 61 (1)(a) of the Punjab Excise Act, 1914. The allegations against the petitioner are that he was found in possession of 240 bottles of liquor mark 'Jagadhari No.1' without any permit or licence. He was charged, tried and ultimately convicted and sentenced accordingly. His appeal also failed. On scrutiny of the impugned judgment, the evidence, on the basis of which findings of fact have been returned by the Courts below, appears to have been appreciated in the right perspective. No such illegality much less irregularity or perversity was found or detected which may render the judgment as invalid. As such, these findings do not call for any interference at this revisional stage. Criminal Revision No.1959 of 2005 -2- Now coming to the quantum of sentence, it is noticed that the occurrence took place way back in the year 2000. The petitioner has already suffered a lot on account of the protracted proceedings. As per custody certificate, produced by learned State counsel, the petitioner has already undergone 1 month and 27 days of the substantive sentence. Under these circumstances, it would be in the fitness of things to extend some leniency on the quantum of sentence. Resultantly, this petition is dismissed with the modification in the sentence to that of already undergone. However, the sentence of fine is enhanced to Rs.10,000/- which would be deposited by the petitioner within three months from today, failing which, he would be ready to serve the remaining part of sentence. Copy of the order be sent to the Chief Judicial Magistrate, Kurukshetra, for compliance. (A.N.Jindal) Judge 09.03.2010 mamta-II