KARAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner.

(2.) THE petitioner was convicted of the offence under Section 54(a) of the Excise Act and was sentenced to six months rigorous imprisonment and to a fine of Rs. 250/ -, in default of payment of fine to undergo one month's rigorous imprisonment by the Munsif and Judicial Magistrate, 1st class Raisinghnagar by his order dated 27 -2 -1979. His conviction and sentence were maintained in appeal by the Sessions Judge Sriganganagar by his order dated 25th October, 1979. Counsel for the petitioner urged that more than seven years have passed. The petitioner remained in custody for about 12 days, so, the petitioner's sentence may be reduced to the period of his total custody. He submitted that only six samples were taken out of 144 bottles and this court has taken the view that the recovery would be considered only of six bottles.