1. This criminal revision under section 397/401 of CrPC has been filed against the judgment dated 23.2.2012 passed by Sessions Judge, Ashoknagar in Criminal Appeal No. 144/2011 by which the judgment and sentence dated 22.7.2011 passed by Chief Judicial Magistrate, Ashoknagar in Criminal Case No. 170/2003 has been affirmed. The applicant has been convicted for an offence under section 34(A) and 49(A) of M.P. Excise Act and has been sentenced to undergo rigorous imprisonment of six months and a fine of Rs. 1,500/-, with default imprisonment.

2. The necessary facts for the disposal of the present revision in short are that, on 3.10.2002 the Excise Sub Inspector received an information from an informer that the applicant is coming on a motorcycle along with the illicit liquor and is going towards Ashoknagar. The Excise Sub Inspector went to the spot and after noticing the police force, the applicant tried to run away after leaving the motorcycle but he was chased and was arrested. On search, the plastic container was found to be containing 10 Litres of liquor with 10.5 (O.P.) which was more than general liquor and was unfit for human consumption. The liquor was sent for chemical analysis and the report is Ex.P-4 and the letter of the Scientific Officer is Ex.P-5 and after recording the statements of the witnesses, the police filed the charge sheet against the applicant for offence under section 34(A) and 49(A) of M.P. Excise Act.

3. The trial Court framed the charges under sections 34(A) and 49(A) of M.P. Excise Act. The applicant abjured his guilt and pleaded not guilty.

4. The prosecution in order to prove its case, examined Premnarayan Namdev (PW-1) and M.L. Ateriya (PW-3).

5. The applicant did not examine any witness in his defence.

6. The trial Court after considering the oral as well as the documentary evidence convicted the applicant for an offence under section 34(A) and 49(A) of M.P. Excise Act by judgment dated 22.7.2011 and sentenced him to undergo the rigorous imprisonment of six months and a fine of Rs. 1,500/-, with default imprisonment.

7. The applicant filed an appeal challenging the judgment and conviction passed by the trial Court. However, the appeal filed by the applicant has been dismissed by Sessions Judge, Ashoknagar by judgment dated 23.2.2012 passed in Criminal Appeal No. 144/2011.

8. It is submitted by the counsel for the applicant that he would not like to challenge the conviction of the applicant but the applicant may be awarded the jail sentence for the period which has been undergone by him. It is submitted by the counsel for the applicant that the applicant had remained in jail for a period of 81 days during the trial and the judgment by the appellate Court was passed on 23.2.2012 and he was granted bail by this Court by order dated 14.3.2012. Thus he has remained in jail for 22 days after the dismissal of his criminal appeal by the Sessions Court and thus the applicant has remained in jail for a period of 103 days. It is further submitted by the counsel for the applicant that the incident had taken place on 3.10.2002 and 15 ½ years have passed.

9. Per Contra, it is submitted by the counsel for the respondent/State that the applicant was found in possession of 10 litres of country made liquor which was ultimately found unfit for human consumption, therefore, the jail sentence of rigorous imprisonment of six months as awarded by the trial Court may not be interfered with.

10. Heard the learned counsel for the parties.

11. Before considering the submissions made by the counsel for the applicant that the jail sentence equivalent to the period already undergone by the applicant may be awarded, it would be necessary to find out that whether there is minimum sentence provided under sections 34(A) and 49(A) of M.P. Excise Act or not? Section 34(1)(A) of M.P. Excise Act provides for the following sentence :

"shall subject to the provisions of sub-section (2), the punishment for every such offence with imprisonme