MADAN LAL @ MADDI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in the present revision petition is to the judgment dated 17.07.2006 passed by learned Additional Sessions Judge, Patiala, whereby appeal filed by the petitioner challenging the conviction and sentence for the offence punishable under Section 61(1)(a) of the Punjab Excise Act, 1914, recorded by learned Additional Chief Judicial Magistrate, Patiala, was dismissed.

(2.) Learned counsel for the petitioner, at the very outset, submits that he has instructions not to challenge the conviction of the petitioner, in view of the concurrent findings of both the Courts below. However, he submits that the petitioner is a first offender; he is neither required nor involved in any other case; as per prosecution version, 400 pouches of licit liquor to be sold in the State of Haryana were allegedly recovered from the petitioner but after opening of the pouches and mixing the contents in the drums the samples were drawn, therefore, the sample sent for chemical analysis could not be said to be representative sample of the 400 pouches; the petitioner has large number of family members to maintain; he is the only bread winner for all of them; during the trial, appeal and the present criminal revision, he was released on bail but he did not misuse the said concession; the petitioner has already faced the agony of trial, appeal and pendency of the present criminal revision for approximately 14 years and that the benefit of the shortcomings in the prosecution version could not be extended to the petitioner on merits but certainly he can be extended the benefit of the same while awarding sentence.

(3.) Learned counsel for the State has produced the affidavit of Deputy Superintendent, Central Jail, Patiala, showing the period of incarceration suffered by the petitioner, which is taken on record.