MOTI CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners "™ conviction (vide judgment dated 13.10.2008), for an offence under Section 61(1)(a) of the Punjab Excise Act, 1914, was affirmed by the learned Additional Sessions Judge, Ropar. The prosecution allegation upheld was that the petitioners were found driving the vehicle bearing registration No. HR-38-A-6406, which was carrying 400 boxes of licit liquor. The petitioner No.1 - Moti Chand was driving the vehicle; while petitioner no.2 - Narinder Kumar was available with the vehicle as a cleaner.

(2.) In revision, the learned counsel, appearing on behalf of the petitioners, very fairly states that he is not in a position to challenge the correctness of the finding of conviction inasmuch as the factum of impugned recovery had been conceded by the petitioners at the trial itself, and they had applied for validation of their act on the basis of a receipt (Ex.PB) and L.13 licence (Ex.PA) issued in favour of M/s Sital Parshad, Sanjiv Kumar of Giderwaha. The plea raised by them that they were transporting liquor from Patiala to Nangal on hire. The learned Trial Court declined their plea for exoneration by observing that Girderwaha was not on the permissible route.

(3.) However, the learned counsel for the petitioners requests for dilution on point of sentence by arguing that the petitioners have undergone the ordeal of trial since the year 2007 and the offence ultimately was found to be technical in character.