IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.2060 of 2003 Date of Decision 13.09.2010 Kamal Dalip @ Deepa ...... Petitioner VERSUS State of Punjab ...... Respondent CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: None for the petitioner. Mr.Amit Chaudhary, Asstt. Advocate General, Punjab, for the respondent-State. ***** A.N.JINDAL, J: Challenge in this petition is to the judgment dated 18.09.2003, passed by Addl. Sessions Judge, Gurdaspur, dismissing the appeal of the petitioner-accused (herein referred as 'the petitioner') against the judgment dated 19.10.2000, passed by Judicial Magistrate Ist Class, Pathankot, convicting and sentencing him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.1,000/- under Section 61(1)(a) of the Punjab Excise Act, 1914 (for brevity 'the Act'). Allegations against the petitioner are that on 14.11.1997, he was found in possession of two cans containing illicit liquor. Consequently, he was charged, tried, convicted and sentenced accordingly. His appeal also failed. Even otherwise, on scrutiny of the impugned judgment, the evidence, as examined by the prosecution, appears to have been appreciated in the right perspective. There is no inordinate delay in lodging the FIR. The accused has been duly identified. No such illegality much less Criminal Revision No.2060 of 2003 -2- irregularity was found or detected which may result into miscarriage of justice, therefore, the findings of fact, returned by the Courts below regarding conviction, do not call for any interference at this revisional stage. Now coming to the quantum of sentence, it is noticed that the occurrence took place way back in the year 1997. The petitioner has already suffered a lot on account of the pendency of protracted proceedings in different Courts. He has already undergone about one month of the substantive sentence. Under these peculiar circumstances, it would be in the fitness of things to extend some leniency on the quantum of sentence. Resultantly, this petition is dismissed with the modification in the sentence to that of already undergone. However, the sentence of fine is enhanced to Rs.5,000/- which would be paid by the petitioner within three months from today, failing which, he would be ready to serve the remaining part of sentence. Copy of the order be sent to the Chief Judicial Magistrate, Gurdaspur, for compliance. (A.N.Jindal) Judge 13.09.2010 mamta-II