STATE OF RAJASTHAN Vs. NEMI CHAND

JUDGEMENT

(1.) This is a State appeal against the judgment dated 24-6-76 of the learned Munsif and Judicial Magistrate, Jalore, in criminal case No. 202 of 1975 under which the accused was convicted under section 4 (2) of the Rajasthan Prohibition Act, 1969 and was sentenced to pay a fine of Rs. 500.00, in default, to suffer two months, simple imprisonment.

(2.) The only question in this appeal is to whether an offence under section 4 (2) of the aforesaid Act, as it stood on 25-6-70 when the offence was committed was punishable with imprisonment AND fine or with imprisonment or fine. The learned Magistrate has convicted the accused for possession of eleven bottles of liquor. It appears to me that no attempt was made on behalf of the State to know as to what was the law when the offence was committed. Otherwise, perhaps the state would not have preferred this appeal as I shall presently show that an offence under section 4 (2) of the aforesaid Act as it stood on 25-6-70, that is, the date when the offence was committed, was only punishable with imprisonment or fine and not with imprisonment and fine. I sent for the Act which is available in the Rajasthan Gazette Part IV (a) dated Sept., 1969 and apart from the Act which is in Hindi, it also contains its authentic English translation. A perusal of the Act in Hindi, will show that section 4 (2) of the Act is punishable with' but in the English translation, a mistake, had crept in and instead of 'or' the word 'and' was inserted. This mistake, it appears, came to the notice of the Law Department of the Government of Rajasthan and it issued a corrigendum dated 30-10-72 which was published in Rajasthan Gazette, Part IV (Ga) dated 7-12-72 and it was clarified therein that in the Act published in the Rajasthan Gazette Part IV (a) (Extraordinary) dated 19-9-79 at pp. 119 in sub-section (2) of section 4 at p. 124, for 'and' read 'or'. It is,-therefore, very clear that in the year 1970 when the offence was committed, the offence under section 4 (2) of the Act was punishable with imprisonment of either description which may extend to two years or with fine and not punishable with imprisonment and fine.

(3.) Thus, a sentence of fine of Rs. 500.00 or in default, simple imprisonment for two months cannot be said to be too disproportionate, more so, when the offence took place ten years ago.