JEET SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON 9.8.1994 on receipt of secret information A.S.I. Dhanna Ram, alongwith other police officials, raided the shop of Jeet Singh, revision petitioner. The petitioner was present at his shop. He was apprehended and interrogated. He suffered a disclosure statement, in pursuance of which 31/2 bottles of illicit liquor were recovered from his shop. Sample was separated and was sent for chemical analysis. The Chemical Examiner reported that the sample constituted illicit liquor. After investigations, challan was presented in the court. The petitioner was tried for an offence under Section 61 (1) (a) of the Punjab Excise Act by the Chief Judicial Magistrate, Kurukshetra who found him guilty and sentenced him to undergo Rigorous Imprisonment for three months and a fine of Rs.500/-. Aggrieved by this judgment dated 12.8.1986, Jeet Singh filed an appeal which was dismissed by the learned Sessions Judge, Kurukshetra on 17.11.1986. He has now filed the present revision petition assailing his conviction and sentence.

(2.) LEARNED counsel for the petitioner while addressing arguments did not assail the conviction of the petitioner before me and he simply urged that small quantity of illicit liquor was recovered from the petitioner in the year 1984. A period of 9 years has elapsed and the petitioner has already undergone sufficient harassment and mental agony, so he may be dealt with leniently and may not be sent to jail. Considering the quantity of the illicit liquor recovered from the possession of the petitioner and the fact that he has faced this protracted litigation, I accept the contention of the learned counsel and while maintaining the conviction of the petitioner reduce the period of sentence to already undergone. The sentence of fine with its default clause is maintained. Petition allowed partly.