ROSHAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was tried, convicted & sentenced to R.I. for two years and fine of Rs. 2000/-, in default R.I. for six months under section 61(1)(a) of the Excise Act by the trial Magistrate. His conviction and sentence were upheld by the lower Appellate Court. The petitioner came up in revision to this Court.

(2.) Notice regarding sentence was issued on the last date of hearing.

(3.) The prosecution case is that on receipt of secret information S.I. Bisu Ram along with some official and non-official witnesses went to the shop of the petitioner and found him standing there. At the sight of the police party, the son of the petitioner Pawan Kumar slipped away. However, the petitioner was apprehended. He opened the lock of the shop with a key and ultimately huge quantity of illicit liquor was recovered. The samples were taken and sent for chemical examination. According to the report of the chemical Examiner, the liquor was of illicit origin. The petitioner is an old man of about 60 years. He is a first offender. I think ends of justice will be amply met if the sentence is reduced to one minimum prescribed under the law. Consequently, I reduce the sentence of the petitioner from R.I. for two years to R.I. for six months and fine from Rs. 2000/- to Rs. 1000/-, in default R.I. for three months. But for this modification, the petition fails and is hereby dismissed.