IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Revision No. 539 of 2005 Date of decision: November 29, 2010 Gulzar Singh .. Petitioner Vs. State of Punjab .. Respondent Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Amit Verma, Advocate for the petitioner. Mr. O.P. Dabla, DAG, Punjab for the respondent. A.N. Jindal, J Challenge made in this petition is to the judgment dated 15.2.2005 passed by the learned Additional Sessions Judge, Ferozepur, dismissing the appeal filed by the accused- petitioner (herein referred as, 'the petitioner') against the judgment dated 5.1.2002 passed by the Judicial Magistrate Ist Class, Ferozepur, convicting and sentencing him to undergo rigorous imprisonment for one year and to pay fine of Rs.5000/- under Section 61 (1) (c) of the Punjab Excise Act, 1914 (for brevity, 'the Act'). At the very outset, without assailing the judgment of conviction, it has been submitted by the learned counsel that the petitioner being the first offender and having already undergone one month of the substantive sentence, may be dealt with leniently on the quantum of sentence. Having examined the impugned judgment, the evidence appears to have been appreciated in the right perspective. Both the courts below have returned concurrent findings of fact that the accused was guilty of the offence for which he was charged. No illegality much less irregularity or perversity has been detected or pointed out warranting interference by this court. As such, no exception could be made to the findings returned by the courts below, at this revisional stage. Now coming to the quantum of sentence, it may be observed that the occurrence took place way back in the year 1998; the petitioner has already suffered a lot due to the protracted proceedings pending against him since then; he has already undergone one month of the substantive sentence; Criminal Revision No. 539 of 2005 -2- *** no bad antecedents have come on record so as to dub him as habitual offender and he has already deposited the fine of Rs.5000/-. As such, under the peculiar circumstances of the case, it would be in the fitness of things to reduce the sentence to some extent. In the wake of the aforesaid discussions, this revision petition is dismissed with the modification in the sentence which is reduced to that of already undergone. However, sentence of fine is enhanced to Rs.10,000/- to be paid within three months from today failing which this petition would be treated as dismissed in toto. Copy of the judgment be sent to the learned Chief Judicial Magistrate, Ferozepur for compliance. November 29, 2010 (A.N. Jindal) deepak Judge