1 2025:CGHC:23324-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 309 of 2025 1 Arvind Dubey S/o. Rajesh Pandey Aged About 30 Years R/o. Village - Saraygaon, Civil And Revenue, Dist. Gaya U.P., Uttar Pradesh. ... Petitioner(s) versus 1 Principal Secretary Through Jail Department, Sector-19, Nava Raipur, Atal Nagar, Dist. Raipur (C.G.) 2 Upper Secretary Through Jail Department, Sector-19, Nava Raipur Atal Nagar, Dist. Raipur (C.G.) 3 Secretary, Department Of Law And Legislative Affairs Government Of Chhattisgarh, Naya Raipur, Atal Nagar, Dist. Raipur (C.G.) 4 Director General Of Jail And Correctional Service Chhattisgarh Sector - 19, Naya Raipur Atal Nagar, Dist. Raipur (C.G.) ... Respondent(s) For Petitioner : Mr. Sumit Singh, Advocate. For Respondents/State : Mr. S.S. Bhagel, Dy. G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.06.13 10:55:03 +0530 2 12.06.2025 1. Heard Mr. Sumit Singh, learned counsel for the petitioner. Also heard Mr. S.S. Bhagel, Dy. G.A. appearing for the State. 2. The present writ petition has been filed by the petitioner with the following prayers: “10.1 That, this Hon'ble Court may kindly be pleased to quash the impugned order dated 10.01.2025 and this Hon'ble court may kindly be pleased to direct the respondent authorities to reconsider the case of petitioner on presenting a representation; fresh 10.2 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner;” 3. The facts, in brief, as projected by the petitioner is that the petitioner has been convicted in Criminal Case No. 922 of 2012 by order dated 04.03.2013 by the Chief Judicial Magistrate, North Bastar Kanker, Dist. Kanker for offence under Section 34 (2) of C.G. Excise Act sentencing him to undergo rigorous imprisonment for 01 year with fine of Rs. 40,000/- in default of payment of fine additional R.I. for 03 months. Thereafter, an appeal has been filed before the Additional Sessions Judge, (FTC), North Bastar Kanker C.G. as criminal appeal No. 05 of 2013 which was dismissed vide order dated 10.12.2013. Thereafter, the petitioner had approached this Hon’ble Court vide CRR No. 852 of 2013 which was dismissed by the Hon’ble Court vide order dated 20.02.2024. However, the application for remission of the petitioner was rejected by the Additional Secretary, Jail Department, Raipur by order dated 10.01.2025. 3 4. Learned counsel for the petitioner submits that the petitioner has been sentenced to undergo 1 year of rigorous imprisonment with fine of Rs. 40,000/- and out of the said period the petitioner has undergone approximately 4 months in jail. He further submits that the Additional Secretary Jail Department has rejected the application of petitioner for commutation of sentence by non-speaking order and without application of mind and without taking into consideration the relevant factors. 5. On the other hand, learned State counsel opposes the submission made by the petitioner and submits that the petitioner has been awarded only 1 year of imprisonment which is minimum punishment and thus the order of rejection of application of commutation by the Upper Secretary Jail Department is just and proper. 6. We have heard learned counsel for the parties. 7. Considering the fact that the minimum sentence for the offence punishable under Section 34 (2) of C.G. Excise act is one year which has been imposed upon the petitioner and his application for remission of sentence i.e. rigorous imprisonment for 01 year has been rejected by the Additional Secretary, Jail Department therefore this court does not find any ground to entertain this petition. 8. Accordingly, the petition is dismissed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Rahul/ Jyoti