DIWAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision petition is directed against the judgment, dated 9th March, 1995, passed by Additional Sessions Judge, Bhiwani in Criminal Appeal No. 52 of 1993, whereby the learned Additional Sessions Judge rejected the appeal of the petitioner and confirmed the judgment, dated 27th November, 1993, passed by the Judicial Magistrate, First Class, Loharu, in terms of which the petitioner was convicted under Section 61(1) (a) of the Punjab Excise Act, 1914 and was sentenced to undergo rigorous imprisonment for a period of five months and to pay a fine of Rs. 500/- and in default of payment of fine, to undergo further rigorous imprisonment for a period of one month.

(2.) MS . Vanita Sapra, learned counsel appearing on behalf of the petitioner, submitted that in the present case, alleged recovery was only one jerrycan containing illicit liquor. She further submitted that the petitioner has already faced strain of prosecution for the last more than 3 years and he is in jail since 9th March, 1995. She further submitted that it is the first offence committed by the petitioner. She, therefore, contended that the sentence awarded to the petitioner be reduced to the one already undergone. In support of her submission, she placed reliance on a judgment of this Court in the case of Mehar Singh v. The State of Haryana, 1988(2) RCR 405.