Criminal Revision No.550 of 2002 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Revision No. 550 of 2002 Date of Decision: April 18, 2009 Jagir Singh ...........Petitioner Versus State of Punjab ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Mr.P.K.Goklaney, Advocate for the petitioner. Mr.Amandeep Singh Rai,AAG Punjab ** Sabina, J. Petitioner was convicted under Section 61(1)(c) of the Punjab Excise Act, 1914 (`the Act' for short) by the Judicial Magistrate Ist Class Fazilka on 27.1.2000. Vide order of even date, petitioner was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.5000/- .. Aggrieved by the same, petitioner preferred an appeal and the same was dismissed by the Additional Sessions Judge, Ferozepur vide judgment dated 19.2.2002. Hence, the present revision petition. The brief facts of the case, as noticed by the Appellate Court in para 2 of its judgment, are as under:- Criminal Revision No.550 of 2002 2 “Briefly stated the facts of the prosecution case are that on 11.1.96, HC Baljinder Singh along with HC Hari Chand and other police officials was going for patrolling in a private jeep, in the area of village Kathgarh to Paliwala. When the police party on the Sem Nallah, HC Baljinder Singh received secret information that the accused-appellant was distilling illicit liquor by means of a working still on western side of the drain on southern pavement at a distance of 1 Km. and if a raid is conducted, huge quantity of lahan/liquor could be recovered. The information ,being reliable, ruqa was sent to the police station, which formed the basis of FIR. Then raid was conducted on the disclosed place and the accused was found feeding fire under the hearth. Then the working still was dismantled and cooled down. Drum boiler contained 70 Kgs. Lahan. From the receiver tin,a sample of 180 mls was taken out and the remaining liquor on measurement came to 15 bottles, which were put in a tube lying nearby. The sample, tube containing illicit liquor and drum boiler were sealed with the seal bearing impressions “BS” and were taken into possession along with other components of the working still vide recovery memo. The I.O. also prepared the rough site plan of the place of recovery. On return to the police station, the case property was deposited with MHC. After completion of investigation, the challan against the accused was presented in the Court of Illaqa Magistrate, who furnished copies of documents as required u/s 207 Cr.P.C." Learned counsel for the petitioner, during the course of arguments, has not challenged the conviction of the petitioner under Criminal Revision No.550 of 2002 3 Section 61(1)(c) of the Act but has submitted that the recovery in this case has been effected in the year 1996 and the petitioner is facing the criminal proceedings since then and hence the sentence qua imprisonment be reduced to already undergone. Petitioner was not a previous convict. Keeping in view the submissions made by the learned counsel for the petitioner, it is a fit case where the sentence qua imprisonment of petitioner is liable to be reduced to already undergone by him. Accordingly, the conviction of the petitioner under Section 61(1)(c) of the Act is maintained. However, his sentence qua imprisonment is reduced to already undergone by him This petition is disposed of accordingly. (Sabina) Judge April 18, 2009 arya