Criminal Revision No. 1295 of 2007 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Revision No.1295 of 2007 Date of Decision: May 19, 2009 Baj Singh ...........Petitioner Versus State of Punjab ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Mr.L.S.Sidhu,Advocate, for the petitioner Mr.Amandeep Singh Rai, Assistant Advocate General, Punjab ** Sabina, J. Petitioner was convicted under Section 61(1)(a) of the Punjab Excise Act, 1914 (`the Act' for short) vide judgment dated 4.9.2006 by the Sub Divisional Judicial Magistrate Zira. Vide order of even date, petitioner was sentenced to undergo rigorous imprisonment for eight months and to pay a fine of Rs.1000/- . Aggrieved by the same, petitioner preferred an appeal and the same was dismissed by the Additional Sessions Judge, Moga vide judgment dated 27.7.2007. Hence, the present revision petition. The brief facts of the case, as noticed by the Appellate Court in para 1 of its judgment, are as under:- “ Story put forth by the prosecution against the accused/appellant is that on 13.2.1998 he was nabbed by ASI Surjit Singh and other Criminal Revision No. 1295 of 2007 2 police officials including HC Kulwant Singh in the area of village Thoothgarh while he was coming on a bicycle carrying two rubber tubes, one containing 30 bottles, each containing 750 Mls and 180 Mls and the second containing 40 bottles, each containing 750 Mls and 180 Mls of illicit liquor. ASI Surjit Singh took out one sample of 180 Mls of illicit liquor from each of the aforesaid rubber tubes and put them into two separate nips. The sample nips and the rubber tubs were sealed by ASI Surjit Singh with his seal of mark SS. He prepared sample of his seal. Seal after use was handed over to HC Kulwant Singh. The accused was formally arrested. ASI Surjit Singh took into possession the entire case property by preparing a separate recovery memo. He prepared rough site plan of the place of recovery and recorded statements of the witnesses. He sent ruqa to the police station on the basis of which formal FIR under Section 61(1)(a) of the Punjab Excise Act,1914 (hereinafter in short referred to as the Act) was registered against the accused. On going to the police station, he deposited the case property with the MHC with seals intact. Later the MHC sent the sample parcels and sample of seal to the Office of Chemical Examiner. On receipt of report of Chemical Examiner and completion of investigation accused was challaned in this case for having committed an offence punishable under Section 61(1)(a) of the Act." Learned counsel for the petitioner, during the course of arguments, has not challenged the conviction of the petitioner under Section 61(1)(a) of the Act but has submitted that the sentence qua imprisonment Criminal Revision No. 1295 of 2007 3 may be reduced to already undergone by the petitioner. Learned counsel has further submitted that the petitioner is not a previous convict and is facing the criminal proceedings since the year 1998. Accordingly, keeping in view the submissions made by the learned counsel for the petitioner, it is a fit case where the sentence qua imprisonment is liable to be reduced to already undergone by the petitioner. Hence, the conviction of the petitioner under Sections 61(1) (a) of the Act is maintained and the sentence qua the imprisonment of the petitioner is reduced to already undergone by him. Petition stands disposed of. (Sabina) Judge May 19, 2009 arya