Judgment · High Court · 2026

Judgment

#1. This revision pe(cid:14)(cid:14)on is directed against the judgment dated

22.09.2025 passed by the Court of learned Addi(cid:14)onal Sessions Judge, Pa(cid:14)ala in CRA/21/2019 (cid:10)tled M/s Rakesh Kumar Vs. State of Punjab, vide which appeal filed against the judgment and order of sentence dated 05.01.2019 passed by the Court of learned Judicial Magistrate Ist Class, Rajpura has been dismissed vide which he was held guilty and convicted under Sec(cid:14)on 61(1)(a) of the Punjab Excise Act, 1914 by the trial Court and was sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of ₹1 lakh with default sentence of 03 months rigorous imprisonment in case of non-payment of fine in

case arising out of FIR No.97 dated 13.05.2014 registered under Sec(cid:14)on 61/1/14 of the Punjab Excise Act, 1914 at Police Sta(cid:14)on City Rajpura.

#2. Brief facts of the prosecu(cid:14)on case are that on 13.05.2014, HC Harjinder Singh along with other police officials was present at Sirhind Bye Pass, G.T. Road, Rajpura, in connec(cid:14)on with patrolling duty when a secret informa(cid:14)on was received that RENU 2026.01.01 15:23 I attest to the accuracy and integrity of this document Chandigarh (cid:1)(cid:2)(cid:2)(cid:3)(cid:4)(cid:5)(cid:6)(cid:7)(cid:8)(cid:9)(cid:10)(cid:3)(cid:5)(cid:11)(cid:3)(cid:7)(cid:12)(cid:7)(cid:13)(cid:3)(cid:14)(cid:15)(cid:16)(cid:17)(cid:18) (cid:19)(cid:7)(cid:19) accused Rakesh Kumar son of late Som Nath, resident of Guru Nanak Nagar, Nalas Road, Rajpura keeps liquor in his house and sells the same without any permit or licence. On the basis of said informa(cid:14)on, ruqa was sent and raid was conducted at the house of accused. On checking, 15 boxes of liquor make First Choice were found lying in the store of said house. The liquor of above said bo>les was transferred into four plas(cid:14)c cans and four sample nips were drawn. The sample nips, four canny plas(cid:14)cs and 180 empty bo>les were sealed by IO. Sample seal was prepared separately. The case property i.e. sample nips, four canny plas(cid:14)cs and 180 empty bo>les were taken into possession vide separate recovery memo. FIR was registered. Rough site plan of the place of recovery was prepared. Statements of witnesses were recorded and on return to the police sta(cid:14)on, case property was deposited with MHC concerned. Accused was arrested and a@er comple(cid:14)on of inves(cid:14)ga(cid:14)on, final report was presented in the Court for trial.

#3. Today learned counsel for the pe(cid:14)(cid:14)oner stated at the outset that pe(cid:14)(cid:14)oner does not press the revision on merits against the judgment of convic(cid:14)on and that pe(cid:14)(cid:14)oner confines his prayer only against order of sentence. It is submi>ed that appellant would be sa(cid:14)sfied, in case his sentence is reduced or benefit of proba(cid:14)on is extended in his favour. Learned counsel points out that offence pertains to the year 2014. Pe(cid:14)(cid:14)oner has already undergone more than two months of sentence out of sentence of three years awarded to him a@er dismissal of the appeal. He is not involved in any other case and his sentence may be reduced by taking a lenient view.

#4. Learned State counsel has opposed the aforesaid prayer and has argued that pe(cid:14)(cid:14)oner does not deserve any leniency in view of gravity of the offence.

#5. I have gone through the trial Court judgment as well as the judgment passed by the Appellate Court. In order to prove its case, the prosecu(cid:14)on has examined HC Harjinder Singh as PW1, who was heading the raiding party which had apprehended the accused from his house and recovered the liquor bo>les RENU 2026.01.01 15:23 I attest to the accuracy and integrity of this document Chandigarh (cid:1)(cid:2)(cid:2)(cid:3)(cid:4)(cid:5)(cid:6)(cid:7)(cid:8)(cid:9)(cid:10)(cid:3)(cid:5)(cid:11)(cid:3)(cid:7)(cid:12)(cid:7)(cid:13)(cid:3)(cid:14)(cid:15)(cid:16)(cid:17)(cid:18) (cid:19)(cid:20)(cid:19) for which accused could not produce any permit or license for possessing the same and he has stated the material facts of the prosecu(cid:14)on case on oath as well regarding recovery of the liquor, drawing of samples and deposit of the same in the malkhana. His version has been corroborated by ASI Amarjit Singh, who has been examined as PW2. PW3 and PW4 have been examined to prove deposit of the case property in the malkhana and its despatch to the Office of Chemical Examiner. Nothing favourable could be extracted during their cross-examina(cid:14)on so as to create any doubt regarding the recovery of liquor bo>les from the house of the accused and there is thus no reason to discard their tes(cid:14)mony. It is well se>led that the revisional jurisdic(cid:14)on of the High Court is limited to rec(cid:14)fying patent defects, errors of jurisdic(cid:14)on or law, and cannot be equated with appellate jurisdic(cid:14)on. The concurrent findings of fact by both the trial Court and the Appellate Court are not to be interfered with unless there is evidence of perversity or miscarriage of jus(cid:14)ce. The impugned judgment do not suffer from any such patent defect or material irregularity and there is thus no reason to interfere with the impugned judgment of convic(cid:14)on.

#6. However, the pe(cid:14)(cid:14)oner has been sentenced to undergo imprisonment for three years besides fine of Rs.1 lakh and in default, he has been sentenced to undergo imprisonment for three months. Sec(cid:14)on 61 of Punjab Excise Act, 1914 (amended vide Punjab Act No.26 of 2013) prescribes punishment which may extend to three years of imprisonment and fine which may extend to Rs.10 lakhs but proviso No.(vi) to Sec(cid:14)on 61(1) of Punjab Excise Act, 1914 further provides that such imprisonment shall not be less than six months and the fine shall not be less than Rs.1 lakh.

#7. The offence in ques(cid:14)on had been commi>ed in the year 2014 i.e. 11 years ago and pe(cid:14)(cid:14)oner is thus facing agony of trial since then. Nothing has been brought on record to show that the pe(cid:14)(cid:14)oner was involved in any other case a@er his convic(cid:14)on and he has no other criminal antecedents. In my RENU 2026.01.01 15:23 I attest to the accuracy and integrity of this document Chandigarh (cid:1)(cid:2)(cid:2)(cid:3)(cid:4)(cid:5)(cid:6)(cid:7)(cid:8)(cid:9)(cid:10)(cid:3)(cid:5)(cid:11)(cid:3)(cid:7)(cid:12)(cid:7)(cid:13)(cid:3)(cid:14)(cid:15)(cid:16)(cid:17)(cid:18) (cid:19)(cid:21)(cid:19) considered opinion, the sentence awarded to the pe(cid:14)(cid:14)oner is on higher side and is not commensurate with the offence commi>ed by him. It is well se>led that the object of punishment is not only to punish an offender but also to rehabilitate the offender in the society and when an accused reflects a strong possibility of improvement and reforma(cid:14)ve behaviour, the process of law should come to the aid of such a convict so as to ensure his re-integra(cid:14)on into society. As such, taking into considera(cid:14)on the age of the pe(cid:14)(cid:14)oner and the fact that he is not involved in any other case, I am of the considered opinion that a lenient view is warranted in the present case and accordingly, the sentence awarded to the appellant is reduced to six months’ rigorous imprisonment instead of three years as awarded by the trial Court. However, the sentence of fine shall remain the same alongwith the default sentence as awarded by trial Court.

#8. With the afore-said modifica(cid:14)on on the ques(cid:14)on of sentence, the revision in hand is ordered to be dismissed. (cid:3)(cid:3)(cid:3) (cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)9(cid:18)&(cid:30), *(cid:31)(cid:3)2*"+,(cid:3)(cid:11)&’,(cid:20)(cid:31): (cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:14)$!+(cid:29) (cid:14)&"$&(cid:31);(cid:3)(cid:3)(cid:27)(cid:25)8(cid:3)(cid:22)(cid:27)(cid:22)(cid:23) (cid:31)(cid:29)"$ "(cid:25)(cid:6)(cid:23)(cid:25)(cid:6)(cid:3)(cid:1)(cid:15)(cid:26)(cid:6)(cid:16)#(cid:27)(cid:18)(cid:4)$(cid:3)(cid:6)(cid:16)%(cid:21)(cid:18)(cid:6)(cid:7)(cid:1) &(cid:6)%$’(cid:21) &(cid:6)%$’(cid:21) "(cid:25)(cid:6)(cid:23)(cid:25)(cid:6)(cid:3)(cid:1)((cid:6)(cid:26)(cid:21)(cid:3)(cid:23)(cid:16) (cid:17)(cid:6)(cid:1) RENU 2026.01.01 15:23 I attest to the accuracy and integrity of this document Chandigarh