ORDER :

Farjand Ali, J.

By way of filing the instant Criminal Revision Petition challenge has been made to the judgement dated 05.02.2022 passed by the learned Sessions Judge, Banswara in Criminal appeal No.11/2022, whereby the learned appellate court affirmed the conviction of petitioner for the offence under Section 19 /54 of the RAJASTHAN EXCISE ACT as recorded by the learned Judicial Magistrate, Banswara vide judgement dated 18.01.2022 passed in Criminal Regular Case No.11/2016, however, reduced the sentence for the above offence from 3 years' simple imprisonment to 3 months' simple imprisonment. The fine amount of Rs.20, 000/- and default sentence of 1 month's simple imprisonment was maintained.

2. Bereft of elaborate details, facts relevant and essential for disposal of the instant criminal revision are that on 11.01.2016 at 11.00 a.m., Chandraveer Singh, Head Constable, Police Station Ambapura along with Constable Kamla Shankar, both posted at Outpost Padala, placed a blockade on the road in front of of outpost Padala for checking of vehicles. A Jeep Cruiser bearing registration No. RJ-03-TA-1690 came from Banswara side, which was stopped for routine checking. Upon suspicion, search of the vehicle was conducted in the presence of motbir witnesses. A huge quantity of beer and English liquor was loaded therein. The driver of the Cruiser Jeep told his name to be Vikas Kumar S/o Rakma. He could not furnish any licence/explanation for transporting the said liquor, upon which the same was seized and FIR No.16/2016 was registered. After usual investigation, a charge-sheet was filed against the present petitioner for the offence under Sections 19 /54 of the RAJASTHAN EXCISE ACT .

3. The Learned Magistrate framed charges against the petitioner for the above offence and upon denial of guilt by him, commenced the trial. During the course of trial, the prosecution in order to prove the offences, examined as many as 7 witnesses and exhibited 14 documents. The accused, upon being confronted with the prosecution allegations, in his statement under Section 313 CrPC, denied the allegations and claimed to be innocent. No evidence was adduced in defence. Then, after hearing the learned Public Prosecutor and the learned Defence Counsel and upon meticulous appreciation of the evidence, learned trial court convicted the accused for offence under Sections 19 /54 of the RAJASTHAN EXCISE ACT vide judgement dated 18.01.2022 and sentenced him to undergo simple imprisonment of 3 years along with a fine of Rs.20, 000/-. Aggrieved by the judgement of conviction, he preferred an appeal, which was partly allowed by the learned appellate court vide judgement dated 05.02.2022, whereby while affirming the judgement passed by the trial court, the sentence awarded was reduced from 3 years' simple imprisonment to 3 months' simple imprisonment. Hence, this revision petition is filed before this court.

4. After arguing the case on merits to some extent, learned counsel appearing for the petitioner submits that he will not assail conviction of the petitioner and confines his arguments to the alternative prayer of reduction of the sentence awarded by the trial court. He submits that the incident in the present case pertains to the year 2016. The petitioner was aged 22 years of age at that time. He was not having any criminal antecedents and it was the first criminal case registered against him. No adverse remark has been passed over his conduct except the impugned judgement. The petitioner has already suffered agony of protracted trial of 7 years. The petitioner has remained in custody for around a month during trial a