[2026:RJ-JD:10241]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 324/2026 Vikas Bijarnia Alias Dhanna S/o Narayan Ram, Aged About 26 Years, Resident Of Village Baldu, P.s. Ladnun, District Deedwana-

Kuchaman (Lodged In Dist. Jail, Deedwana)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. B.R. Chahar For Respondent(s) : Mr. N.S. Chandawat, DyGA HON'BLE MR. JUSTICE FARJAND ALI

Order

25/02/2026

1. The instant criminal revision petition under Sections 397/401 CrPC has been preferred by the petitioner being aggrieved of the judgment dated 23.02.2026 passed by the learned Additional Sessions Judge, Deedwana in Criminal Appeal No.66/2019, whereby the learned appellate court affirmed the judgment of conviction and sentence dated 07.06.2019 passed by the learned Additional Chief Judicial Magistrate, Deedwana in Criminal Regular Case No.15/2016, whereby the petitioner was convicted for the offences under Sections 19/54 and 14/57 of the Rajasthan Excise Act, 1950 and sentenced to undergo three years’ simple imprisonment along with fine of Rs.20,000/- for each offence with default stipulation, and it was ordered that the sentences shall run concurrently.

2. Bereft of elaborate details, the facts relevant and essential for disposal of the instant criminal revision are that on 27.01.2015, on the basis of secret information, the Excise Inspector along with excise staff conducted a raid at an agricultural field situated at village Baldu. Upon search of a hut situated in the field, 49 cartons of liquor were recovered. On verification, it was found that 31 cartons contained 1488 quarters of Episode Grain Whisky, 9 cartons contained 432 quarters of McDowell No.1 and 9 cartons contained 432 quarters of Impact Grain Whisky. Samples were taken and seizure memo was prepared. The petitioner was found present at the spot and was arrested. After usual investigation, charge-sheet was filed for the offences under Sections 19/54 and 14/57 of the Rajasthan Excise Act.

3. The learned trial court framed charges against the petitioner for the aforesaid offences and upon denial of guilt by him, commenced the trial. During the course of trial, the prosecution examined its witnesses and exhibited relevant documents. The accused, in his statement under Section 313 CrPC, denied the allegations and claimed innocence. No defence evidence was adduced. After hearing both sides and upon appreciation of the evidence, the learned trial court convicted and sentenced the petitioner vide judgment dated 07.06.2019.

4. Aggrieved by the judgment of conviction and sentence, the petitioner preferred an appeal, which came to be dismissed by the learned appellate court vide judgment dated 23.02.2026 affirming the findings recorded by the learned trial court. Hence, the present revision petition.

5. After arguing the case on merits to some extent, learned counsel for the petitioner does not wish to press the present revision petition in respect of the judgment of conviction passed by the learned trial court and affirmed by the learned appellate court and prefers to make submissions on the point of sentence only. He submits that the petitioner is a poor person belonging to a rural background and is sole bread earner of the family. No adverse remark has been passed over his conduct except the impugned judgment. He is facing the agony of criminal proceedings since the year 2015 and is presently in custody after passing of the judgment by the learned appellate court. It is submitted that the case is old; the petitioner has already suffered incarceration during trial and now after dismissal of appeal and, therefore, a lenient view may be taken in the matter of sentence. It is prayed that instead of sending him to undergo the remaining sentence, he may be extended the benefit of a reformative approach in accordance with law.

6. Learned Public Prosecutor though opposed the submissions made on behalf of the petition