HAKAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused petitioners Hakam Singh and Jaswant Singh have filed this criminal revision assailing the judgment dated 20.8.1998 passed by learned Addl. District and Sessions Judge No. 1, Sriganganagar in Criminal Regular Appeal No. 5/1998 whereby the learned Appellate Court has upheld the conviction and sentence passed by learned Civil Judge and Judicial Magistrate, First Class, Sadul Sahar vide order dated 8.12.1997 whereby both the petitioners were convicted for offence punishable under Sec. 19/54 of the Rajasthan Excise Act and sentences for rigorous imprisonment of six months and fine of Rs.200.00 and further to undergo sentence of one month's simple imprisonment in default of payment of fine.

(2.) Briefly stating the facts of the case are that on 21.9.1994, Excise Inspector Shri Jai Narain along with raid party raided the house of Hakam Singh and Jaswant Singh. They ran away from house and could not be caught on chasing them but 75 bottles of liquor were recovered and seized from their house for which they were tried and sentenced by the Trial Court as well as Appellate Court as mentioned above.

(3.) During the course of arguments, learned Counsel for the accused-petitioners submits that he does not challenge the part of conviction for the offence punishable under Sec. 19/54 of the Rajasthan Excise Act but prays that the offence is 22 years old, petitioner Hakam Singh is now around 70 years old and petitioner Jaswant Singh is around 50 years old. Both the accused-petitioners have remained in judicial custody from 20.8.1998 to 2.9.1998. He submits that no purpose will be served by putting the accused-petitioners behind the bars after protracted period of 22 years. He further submits that there had been no conviction to their credit for any of the offences prior to this Incident and even thereafter. Looking to all these facts, accused-petitioners may be extended the benefit of Probation of Offenders Act or their sentence may be Induced to the period already undergone by them in judicial custody.