WAZIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a revision petition against judgment dated 12.7.1990 of Additional Sessions Judge, Jind, whereby the appeal filed by the present petitioners against judgment/order dated 19.7.1989/20.7.1989 of Judicial Magistrate, Narwana, had been dismissed. Vide that judgment, present petitioners had been convicted for offence under Section 61(i)(c) of the Punjab Excise Act, 1914 for having installed a working still. They had been sentenced to six months RI and to pay fine of Rs. 2000/- each. In default of payment of fine they were directed to further undergo SI for three months each.

(2.) PROSECUTION case against the present petitioners was that on 28.7.1984 they had installed a working still in the area of village Chhattar. They were apprehended at the spot with running working still. One plastic canny containing 20 bottles of illicit liquor and one drum containing 180 Kgs of lahan along with components of the working still had been taken into possession at the spot.

(3.) IN this case petitioners had been convicted by Judicial Magistrate Ist Class vide judgment/order 19.7.1989/20.7.1989. Their appeal had been dismissed on 12.7.1990. I find that it will not be proper to send the petitioners to jail at this stage after 21 years of the occurrence. I also find that accused-petitioners had remained in custody for some time as undertrial and after their appeal had been dismissed by Additional Sessions Judge also. Heavy fine of Rs. 2000/- had already been imposed vide judgment dated 20.7.1989. That fine had been paid.