SHARDUL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - The Instant revision has been preferred by the petitioner against the judgment dated 19.11.2012 passed by the learned Addl. Sessions Judge No. 1, Nohar Dist. Hanumangarh in Criminal Appeal No. 10/2012 and the judgment dated 15.5.2012 passed by the learned A.C.J.M., Nohar in Criminal Regular Case No. 476/2.006. The learned A.C.J.M. convicted the petitioner for the offence under Sec. 19/54 of the Excise Act and sentenced him to one year R.l. and a fine of <FONT FACE="rupi foradian">L 1000.00, in default to further undergo one month's simple imprisonment and the Appellate Court has reduced the sentence to a period of six months rigorous imprisonment.

(2.) Learned counsel for the petitioner at the outset submits that he does not challenge the conviction of the petitioner but prays that as the field in question has not been conclusively established to be in the possessions and control of the petitioner and as the recovered liquor is also not a very heavy quantity, the sentence awarded to the petitioner be reduced to the period already undergone by him. Learned counsel submits that on the date of the commission of the offence no minimum sentence was prescribed for the offence, and therefore, this Court be pleased to reduce the sentence awarded to the petitioner. He has referred to the statements of PW-4 and PW-7 the Seizure Officer and the Investigation Officer and contends that both the Police Officers have admitted that the field in question was owned by Inder Jat and that no investigation was made from the aforesaid Inder Jat in relation to petitioner's connection with the agricultural field. He, therefore, submits that the sentence awarded to the petitioner be suitably reduced.

(3.) Learned Public Prosecutor has vehemently opposed the submissions advanced by the learned counsel for the petitioner. She has, however, placed on record a report of the S.H.O. P.S. Nohar dated 3.12.2012, as per which apart from this case no other case is registered against him.