IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 282 CRR-1958-2013 (O&M) Date of Decision.:20.05.2025 Rakesh Kumar …..Pe22oner Vs. The Union Territory, Chandigarh .….Respondent CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. H.S. Rakhra, Advocate for the peoner. Mr. Rajiv Vij, Addl P.P., U.T., Chandigarh. **** DEEPAK GUPTA, J. (ORAL) Peoner Rakesh Kumar was tried by Ld. Addional Chief Judicial Magistrate, Chandigarh in a case arising out of FIR No.437 dated 29.08.2002 under Secon 61/1/14 of Excise Act registered at Police Staon 39, Chandgiarh.. A;er trial, the peoner was convicted under Secon 61/1/14 of Excise Act vide judgment dated 01.03.2011 by the trial Court and was sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of ₹5000/- with default sentence of 01 month rigorous imprisonment in case of non-payment of fine. On appeal, the judgment of convicon and order of sentence was reduced from 01 year rigorous imprisonment to 06 months rigorous imprisonment by the Court of learned Sessions Judge, Chandigarh vide judgment dated 05.06.2013. However, the remaining part of the sentence awarded by the trial Court was directed to remain intact. 2. Against the abovesaid convicon and sentence, this peon NEETIKA TUTEJA 2025.05.20 17:05 I attest to the accuracy and integrity of this document CRR-1958-2013 (O&M) was filed. 3. Today learned counsel for the peoner stated at the outset that peoner does not press the peon against the judgment of convicon; and that peoner confines his prayer only against order of sentence. It is submi@ed that peoner would be sasfied, in case he is sentenced to imprisonment for the period already undergone by him. 4. Learned counsel points out that offence pertains to the year 2002; that peoner has already undergone total sentence of 04 months and 18 days and so, he deserves to be sentenced for the period already undergone by him. 5. Learned State counsel has not seriously objected to the aforesaid prayer. 6. The custody cerficate placed on record by the respondent- State would reveal that peoner has already undergone total sentence of 04 months and 18 days including remission. The offence had taken place in 2002 i.e. 23 years back. 7. In the aforesaid facts and circumstances, it will be in the interest of jusce, if the period of imprisonment is reduced to the period already undergone by the peoner, instead of sending him behind bars in the company of hardened criminals. 8. Consequently, the present peon is partly accepted. By maintaining the impugned judgment against convicon, the order of sentence as passed by the trial Court is modified and the peoner is sentenced to imprisonment for the period already undergone by him. 9. However, it is made clear that amount of fine, if not paid earlier, shall be deposited before learned Chief Judicial Magistrate NEETIKA TUTEJA 2025.05.20 17:05 I attest to the accuracy and integrity of this document CRR-1958-2013 (O&M) concerned, within a period of four weeks’ from today, failing which the peoner will have to carry out the complete sentence as imposed by the trial Court. Disposed of. ( DEEPAK GUPTA ) JUDGE May 20, 2025 Neeka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2025.05.20 17:05 I attest to the accuracy and integrity of this document