[2026:RJ-JD:3979]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 72/2026 Sanwarram S/o Ramniwas, Aged About 34 Years, R/o Sensada,police Station Padukala District Nagaur Rajasthan (Presently Incarcerated In Sub Jail, Merta)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Vindo Kumar Sharma Mr. Aditya Sharma Mr. Dilip Sharma For Respondent(s) : Mr. Shriram Choudhary, AGA HON'BLE MR. JUSTICE FARJAND ALI

Order

20/01/2026

1. The instant criminal revision petition has been preferred by the petitioner being aggrieved of the judgment dated 22.06.2018 passed by the learned Additional Chief Judicial Magistrate, Merta in Criminal Original Case No. 167/2012 (178/2011), whereby the petitioner was convicted for the offences under Section 16/54 and 54A of the Rajasthan Excise Act, 1950 and sentenced to undergo rigorous imprisonment for a period of three years with fine of Rs.20,000/- and in default thereof to further undergo additional rigorous imprisonment for each offence, as also the judgment dated 06.01.2026 passed by the learned Special Judge, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Cases, Merta in Criminal Appeal No. 15/2018, whereby the appeal preferred by the petitioner was partly allowed and the conviction under Section

54-A of the Act was set aside, however the conviction and sentence under Section 16/54 of the Act were maintained.

2. Briefly stated, the prosecution case is that on the basis of secret information the police allegedly intercepted a vehicle and recovered certain quantity of country-made liquor therefrom and after investigation charge-sheet was filed against the petitioner for the offence under Sections 16/54 and 54-A of the Rajasthan Excise Act, 1950. The learned trial court, after recording evidence and hearing the parties, convicted the petitioner for the aforesaid offences and sentenced him accordingly by judgment dated 22.06.2018. Being aggrieved, the petitioner preferred an appeal before the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Merta, who vide judgment dated 06.01.2026 partly allowed the appeal by setting aside the conviction under Section 54-A of the Act but maintained the conviction and sentence under Section

16/54 of the Act. Hence, the present revision petition.

3. Learned counsel for the petitioner submitted that though the revision petition has been argued on merits also, however his main emphasis is on the question of sentence. It is contended that the petitioner is a first time offender, a middle-aged person belonging to a poor family and is the sole bread earner of his family. It is further submitted that the occurrence pertains to the year 2011 and the petitioner has faced a long protracted trial and appellate proceedings for about fifteen years, thereby suffering immense mental and financial agony. It is also submitted that the petitioner has already remained incarcerated for some period during trial as well as after dismissal of the appeal and is presently in custody. Learned counsel submits that no fruitful purpose would now be served by sending the petitioner back to jail after such a long lapse of time, particularly when no other criminal case has been registered against him in the intervening period. It is therefore prayed that while maintaining the conviction, the petitioner be granted the benefit of probation.

4. Per contra, learned Public Prosecutor opposed the prayer, however fairly conceded that the petitioner is a first time offender and that no subsequent criminal case has been reported against him.

5. Though the conviction has not been seriously pressed before this Court, however for the satisfaction of the Court, the record has been perused and the evidence has been examined. This Court finds no perversity, illegality or material infirmity in the concurrent findings recorded by the courts below so far as the conviction of the petitioner under Section 16/54 of the