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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
HON'BLE MR. JUSTICE MANOJ KUMAR GARG, J
Vinod Kumar – Appellant
Versus
State – Respondent
Judgment :
1. Instant revision petition under Section 397/401 Cr.P.C. has been filed by the petitioners challenging the judgment dated 21.09.2006 passed by learned Additional Sessions Judge, (Fast Track), No.2, Bhilwara in Criminal Appeal No.28/2006 by which the appellate court partly allowed the appeal and while maintaining the conviction of the petitioners for offence under Section 16/54 of Rajasthan Excise Act, reduced his sentence as awarded by the learned Judicial Magistrate, First Class (East), Bhilwara vide judgment dated 14.07.2005 in Cr. Original Case No.137/2003 (172/1994). The details of the sentence as reduced by the appellate court are as under :
Section 16/54 of Excise Act: Six months SI along with a fine of Rs.500/- and in default of payment of fine, to further undergo 15 days SI.
2. Brief facts of the case are that on 19.12.1993, upon receiving a secret information, the Excise Inspector Jamnalal Somani along with his team reached at Panchmukhi Balani. They stopped and searched a truck transporting illegal liquor. After usual formalities, Police registered a case against the five persons including the petitioners for offence under Section 16/54 of Rajasthan Excise Act a
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.
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 established that in cases of lengthy trials, the sentence may be adjusted to the time already served, even while upholding the conviction.
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 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 confirmed the conviction under the A.P. Excise Act, emphasizing the right to a speedy trial and procedural adherence in the criminal justice process.
The court upheld the conviction while reducing the sentence to time served, emphasizing judicial discretion and proportionality in sentencing, especially where no minimum punishment is prescribed.
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