Punjab-Haryana High Court
Feroj Tyagi vs State Of Punjab on 22 April, 2024
Author: Pankaj Jain
Bench: Pankaj Jain
Neutral Citation No:=2024:PHHC:060188
CRR-4509-2016 1
2024:PHHC:060188
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
255
CRR-4509-2016
Date of decision : 22.04.2024
Feroj Tyagi ...... Petitioner
versus
State of Punjab ...... Respondent
CORAM : HON'BLE MR. JUSTICE PANKAJ JAIN
Present: Ms. Prarthana Duggal, Advocate for
Mr. Namit Khurana, Advocate
for the petitioner.
Mr. Mohit Kapoor, Sr. DAG, Punjab.
****
PANKAJ JAIN, J. (Oral)
1. This revision has been filed against the judgment dated
03.11.2016 passed by Additional Sessions Judge, SAS Nagar Mohali
whereby the judgment and order dated 01.04.2014 passed by the Judicial
Magistrate 1st Class, Dera Bassi and conviction of the petitioner for
offences punishable under Sections 61/1/14 of Punjab Excise Act has
been affirmed. He has been sentenced as under:-
Section Simple Imprisonment Fine (in Rs.) In default of
(Punjab payment of fine
Excise Act) (simple
imprisonment)
61/1/14 6 months 2,000 01 month
2. As per prosecution version on 21.12.2009, police party
headed by HC Rajinder Singh was present on ITI chowk, Lalru for the
purpose of checking. In the meantime, an Ambassador car of while colour
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came from the side of Chandigarh. On checking, 264 plastic bottles of
liquor make Theka Angreji Bagpiper for sale in UT-Chandigarh were
recovered lying beneath the front and behind seat of the car. The driver of
the car revealed his name as Feroz Tyagi. He failed to produce any
licence or permit. The case property and sample was sealed by the
investigating officer with his seal and were taken into possession.
Accused was arrested. Statements of the witnesses were recorded. After
completion of necessary formalities of the investigation, challan against
the accused was prepared and presented in the Court.
3. Trial Court after appreciating the evidence on record, came to
the conclusion that the prosecution has proved its case beyond doubt. The
recovery was heavy and the accused has possessed the recovered liquor
without any permit or licence and thus, convicted him for offences
punishable under Sections 61/1/14 of Punjab Excise Act.
4. The petitioner preferred an appeal before the lower Appellate
Court. The learned appellate Court found that the judgment and order of
sentence by the learned trial Court does not suffer from any infirmity and
consequently, dismissed the appeal.
5. Counsel for the petitioner contends that the petitioner is a
first time offender and sole bread earner of his family. He submits that
apart from this case, there is no other case pending against the petitioner.
Thus he prays that a lenient view be taken against the petitioner especially
in the light of the fact that he is facing protracted trial for last about 15
years.
6. Learned State counsel submits that both the Courts below
have rightly found petitioner guilty of offences punishable under Section
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61/1/14 of Punjab Excise Act. More so, accused was apprehended with
heavy quantity without any permit or licence.
7. I have heard learned counsel for the parties and have
carefully gone through the record of the case. The recovery of liquor
from the accused is proved from the version of IO PW 2 and witness of
recovery PW1. All the incriminating circumstances have been duly
proved against the petitioner. Hence, conviction of the petitioner is
upheld.
8. However, it can not be lost sight of the fact that he has
already undergone actual sentence of more than 3 months and 28 days out
of 06 months. He is a first time offender. There is no case pending against
him. He is stated to have never misused concession of bail suspension of
sentence. He has already faced protracted trial for last 15 years.
Considering all these facts cumulatively, sentence awarded by the Courts
below is modified to already undergone.
9. Disposed off accordingly.
(PANKAJ JAIN)
JUDGE
22.04.2024
Dinesh
Whether speaking/reasoned Yes
Whether Reportable : No
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