IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.515 of 2005 Date of Decision 03.03.2010 Kashmir Singh ...... Petitioner(s) VERSUS State of Punjab ...... Respondent(s) CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.O.P.Kamboj, Advocate, for the petitioner. Mr.C.S.Brar, Deputy Advocate General, Punjab, for the respondent-State. ***** A.N.JINDAL, J(ORAL): The petitioner has assailed the judgment dated 13.01.2005, passed by Addl. Sessions Judge, Muktsar, dismissing his appeal against the judgment dated 11.06.2003, passed by Judicial Magistrate Ist Class, Muktsar, convicting and sentencing him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.2,000/- for the offence under Section 61(1)(a) of the Punjab Excise Act. Allegation against the petitioner is that he was found in possession of 100 bottles of liquor without any permit or licence. He was charged, tried and ultimately convicted and sentenced accordingly. His appeal also failed. Heard. Sufficient evidence has been led in order to establish the charge against the petitioner. 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. Faced with the situation, learned counsel for the petitioner has prayed for extending some leniency on the quantum of sentence. The occurrence in this case took place on 16.04.1997. The Criminal Revision No.515 of 2005 -2- petitioner has already suffered a lot of agony on account of the protracted proceedings. He was about 38 years of age at the time of occurrence. Now he must be more than 50 years old, having wife and children. He is the sole bread winner in the family and has already undergone 3 months and 19 days of the substantive sentence. No bad antecedent has been pointed out to me which may create a hurdle for reducing the sentence awarded against him, therefore, it is a fit case in which some deduction in the sentence could be made. Resultantly, this appeal is dismissed with the modification in the sentence which is reduced to that of already undergone. The sentence of fine is enhanced to Rs.12,000/-, failing which, he would be ready to serve remaining part of sentence. Copy of the order be sent to the Chief Judicial Magistrate, Muktsar, for compliance. (A.N.Jindal) Judge 03.03.2010 mamta-II