BULIA Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the petitioners and perused the Judgment of the Court below. The petitioner has been convicted under section 54(A) of the Excise Act and has been sentence to 11/2 years rigorous imprisonment and to a fine of Rs. 500.00 (Five Hundred only) in default to under go six months rigorous imprisonment by the trial Magistrate. The same has been upheld by the Additional Sessions Judge No. 2 Sri Ganganagar. It is urged on behalf of the petitioner that his previous conviction dated 6.8.81 has been taken into consideration in awarding the sentence and the sentence has been doubled in accordance with the provisions contained in section 66 of the Rajasthan Excise Act. This provision does not apply to the facts of the present case, It applies when the second offence is committed after the first conviction admittedly in this case the date of the offence committed is earlier as such that provision would not apply.

(2.) The occurrence in this case dates back to 1-9-77, almost II years have passed considering this circumstance in my opinion it would be proper to reduce the sentence to the sentence already undergone by him and sentence of fine is enhanced to Rs. 1000.00 (One thousand only).

(3.) Accordingly this revision petition is partly allowed, conviction of the petitioner is maintained & his substantive is reduced to two months. However, his sentence of in is enhance to Rs. 1000.00(One thousand only) in default of payment of fine the petitioner shall undergo one months rigorous imprisonment. Revision partly allowed.