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FARJAND ALI
Rama @ Ramavtar – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
By way of filing the instant Criminal Revision Petition challenge has been made to the judgment dated 08.02.2024 passed by the learned Sessions Judge, Hanumangarh in Criminal Appeal No.15/2024, whereby the learned appellate court affirmed the judgment of conviction and order of sentence dated 10.01.2024 passed by learned Chief Judicial Magistrate, Hanumangarh in Criminal Regular Case No.845/2013; whereby the petitioner has been convicted for the offence under Section 19/54 of the Rajasthan Excise Act and sentenced to undergo simple imprisonment of 6 months alongwith a fine of Rs. 20,000/- and in default of payment of fine, further to undergo 1 month's simple imprisonment.
2. Bereft of elaborate details, facts relevant and essential for disposal of the instant criminal revision are that on 22.07.2013 A.S.I. Balwant Ram alongwith the police team seized 240 quarters of illicit liquor from the possession of the present petitioner. On the basis of the aforesaid recovery, FIR No.439/2013 for the offence under Section 19/54 of the Rajasthan Excise Act was registered at the Police Station Hanumangarh Junction and after usual investigation, a charge-sheet was submitted
The court modified the sentence for possession of illicit liquor to the time already served, emphasizing the right to a speedy trial and considering the petitioner's hardships.
The court affirmed the conviction but modified the sentence of petitioners, recognizing their status as first-time offenders with no criminal antecedents and the prolonged trial duration as mitigatin....
The court established that in cases of lengthy trials, the sentence may be adjusted to the time already served, even while upholding the conviction.
The court has the discretion to consider the time served and the circumstances of the trial in reducing the sentence under the Rajasthan Excise Act.
The court ruled that in light of the prolonged trial and time served, the sentence for the offence under Section 16/54 of the Rajasthan Excise Act should be reduced to the period already undergone.
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