CRR No.466 of 2005 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRR No.466 of 2005 Date of decision : 19.11.2010 Deepak Kumar .........Petitioner Vs. The State of Haryana ........Respondent CORAM : HON'BLE MR. JUSTICE A.N.JINDAL Present : Mr.Deepak Manchanda, Advocate, for the petitioner Mr. J.S.Rattu, DAG, Haryana ----- A.N.JINDAL, J (Oral) : This petition is directed against the judgment dated 1.3.2005 passed by learned Appellate Court, dismissing the appeal against the judgment dated 5.9.2003 passed by learned Judicial Magistrate Ist Class, Jagadhari convicting and sentencing the petitioner-accused to undergo imprisonment for one year and to pay a fine of Rs.2000/-, under Section 61 (1)(a) of the Punjab Excise Act, 1914. Nothing was argued on the point of conviction. The counsel has contended that a petty recovery of 48 bottles (four cases of three brands) was effected but only one sample was drawn from each case i.e. one bottle of each brand was drawn. CRR No.466 of 2005 -2- Therefore, he could be held guilty only for having in possession three bottles of illicit liquor. Therefore, lenient view could be taken. Both the Courts below have taken consistent view regarding the guilt of accused. Having gone through the judgments, nothing wrong has been found with the findings of fact recorded by the Courts below. However, keeping in view the fact that the accused has already suffered a lot since the date of recovery i.e. 25.5.1997 and he has also undergone one month and 12 days of substantive sentence, therefore, it would not be expedient in the interest of justice to send him to imprisonment again. Under these circumstances, this revision petition is dismissed with the modification in the sentence to that of already undergone. However, the fine awarded is enhanced to Rs.10,000/-, which would be paid within three months from today, failing which he would serve the remaining part of the sentence. (A.N.JINDAL) 19th Nov., 2010 JUDGE akm