Crl. R. No. 1598 of 2008 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. R. No. 1598 of 2008 Date of decision : 4.12.2008. ... Gurpal Singh ................ Petitioner vs. State of Punjab .................Respondent Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. J.B.S. Gill, Advocate for the petitioner. Sh. K.S. Pannu, Assistant Advocate General, Punjab ... K.C. Puri, J. This is a revision petition preferred by the accused- petitioner against the judgment dated 11.8.2008 passed by Sh. Sunil Kumar Arora, Additional Sessions Judge, Hoshiarpur, vide which the appeal preferred by him against the judgment and order dated 3.3.2005 passed by Sh. J.S. Kang, PCS Sub Divisional Judicial Magistrate, Dasuya, was dismissed. The accused was tried for offence under Section 61 (1) (a) of the Punjab Excise Act by Sh. J.S. Kang, PCS Sub Divisional Judicial Magistrate, Dasuya and after trial he was convicted and was sentenced to undergo rigorous imprisonment for a period of 9 Crl. R. No. 1598 of 2008 -2- months and to pay fine of Rs.1,000/- and in default of payment of fine, he was to further undergo rigorous imprisonment for a period of two months. The prosecution case, in brief is that on 18.6.1998 Inspector Swaran Dass the then Station House Officer, Police Station Dasuya alongwith other police officials, was going towards village Gorsian from village Chak Bamoo and on its way, the revisionist met the police party at about 1 A.M. (midnight). The revisionist was carrying three plastic cans on his cycle. Searchj of said cans was conducted and each of that contained 40 bottles of illicit liquor. Charge under Section 61 (1) (a) of the Punjab Excise Act was framed against the accused, to which he pleaded not guilty and claimed trial. The prosecution, in order to bring home the guilt of the accused, examined PW-1 Constable Bhupinder Lal, PW-2 Constable Tarsem Lal, PW-3 Moharrir Head Constable Balbir Singh, PW-4 DSP Swaran Dass, Investigating Officer and after appraisal of the evidence, the accused was convicted and sentenced to undergo imprisonment and fine as narrated above. Feeling dissatisfied with the abovesaid judgment, the petitioner preferred the appeal, which was decided by Sh. Sunil Kumar Arora, Additional Sessions Judge, Hoshiarpur and ultimately, the appeal was dismissed. Still feeling dissatisfied, with the judgment of both the Courts below, the petitioner has preferred the present revision petition. Crl. R. No. 1598 of 2008 -3- Learned counsel for the petitioner has not challenged the conviction during the course of arguments, but has prayed only for taking a lenient view on the ground that he is suffering from protracted trial for more than 10 years i.e. since 19.6.1998. It is further contended that the petitioner has already undergone incarnation since 11.8.2008 till today and was also detained for a period of two days during the course of trial. I have gone through the record of the case. So far as the conviction of the accused is concerned, that is based upon well reason sing and no ground for interference in the conviction is made out and the same stands affirmed. So far as the quantum of sentence is concerned, keeping in view the period of his incarnation and protracted trial, the ends of justice would be met in case the sentence is reduced to 6 months instead of 9 months awarded by both the Courts below under Section 61 (1) (a) of the Punjab Excise Act. However, the sentence of fine is enhanced to Rs.5,000/- instead of Rs.1,000/- awarded by the trial Court. In default of payment of enhanced amount of fine, he shall further undergo imprisonment for a period of three months. With the abovesaid modification in sentence, the revision petition stands disposed of. The copy be sent to concerned Courts for strict compliance. ( K.C. Puri ) 4.12.2008. Judge chug Crl. R. No. 1598 of 2008 -4-