Partly allowed

Narender Singh and Another v. State of Haryana

Punjab & Haryana HC23 Sept 2015CRR/1167/2006

Case brief

AI extract

What is this about?

In a criminal revision petition, Justice Sabina upheld the conviction of petitioners for illegal possession of illicit liquor under Section 61(1) of the Punjab Excise Act, 1914, but reduced their rigorous imprisonment sentence from two years to one year due to the prolonged trial since 1994.

What did the court decide?

Conviction maintained; sentence reduced from two years to one year rigorous imprisonment; petition disposed of.

Narender Singh and Another Vs State of Haryana — Corruption | Punjab & Haryana HC (2015)

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KAPIL 2015.09.30 16:18 I attest to the accuracy and integrity of this document

[1]

CRR No.1167-2006

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRR No.1167-2006 Date of decision: 23.09.2015

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Narender Singh and another

.......Petitioners

Versus

State of Haryana

.....Respondent

CORAM: HON'BLE MRS. JUSTICE SABINA

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Present: Mr. Sanjeev Kodan, Advocate, for the petitioners.

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Ms. Dimple Jain, AAG, Haryana.

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SABINA, J

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Petitioners had faced trial in FIR No.190, dated 08.07.1994, under Section 61(1) of the Punjab Excise Act, 1914 ('of the Act' for short), registered at Police Station Loharu. Trial Court vide judgment/order dated 23.03.2002 ordered the conviction of the petitioners qua commission of offence punishable under Section 61(1) of the Act. The said conviction and sentence of the petitioners were upheld by the Appellate Court in Appeal vide order dated 22.05.2006. Hence, the present petition.

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Prosecution story, in brief, is that on the basis of secret information, jeep bearing No.DL-2CF-2385 was stopped

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KAPIL 2015.09.30 16:18 I attest to the accuracy and integrity of this document [2]

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CRR No.1167-2006

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by the police party. Petitioner No.1-Narender was sitting in the jeep. The jeep was driven by petitioner No.2-Jagbir Singh. Joginder Singh, who was also sitting in the jeep managed to escape when the jeep in question was checked. Ten plastic jerrycans of black colour, each of 40 liters capacity, were recovered. The cans contained illicit liquor. Samples were drawn from the cans and 10 sample nips were prepared, and were made into sealed parcels and were taken in possession. Case property was taken in possession. Samples were sent for chemical analysis.

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After completion of investigation and necessary formalities, challan was presented against the petitioners, whereas, their co-accused Joginder Singh was declared a proclaimed offender.

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During trial, Head Constable Dharam Singh appeared in the witness box as PW-1 and he deposed as per the prosecution story. Head Constable Dalip Singh-PW-3 corroborated the statement of PW-1. The official witnesses were acting in discharge of their official duties and had no ill-will or enmity against the petitioners to have falsely deposed against them. As per the report of the Chemical Examiner Exhibit PX, samples were of illicit liquor. Thus, in the present case, petitioners were found in illegal possession of illicit liquor. In these circumstances, the Court below had rightly ordered the conviction of the petitioner under Section 61(1) of the Act.

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KAPIL 2015.09.30 16:18 I attest to the accuracy and integrity of this document

[3]

CRR No.1167-2006

Keeping in view the fact that the petitioners are facing the criminal proceedings since the year 1994, the sentence qua imprisonment of the petitioners is liable to be reduced from rigorous imprisonment for two years to rigorous imprisonment for one year.

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Accordingly, conviction of the petitioners under Section 61(1) of the Act is maintained. However, their sentence qua imprisonment is reduced from rigorous imprisonment for two years to rigorous imprisonment for one year.

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Petition stands disposed of, accordingly.

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September 23, 2015 kapil

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(SABINA) JUDGE

Narender Singh and Another v. State of Haryana

Case brief

What is this about?

What did the court decide?

Narender Singh and Another v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

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