2009 (4) TMI 1026 - SC - Central Excise

Summary

Issues involved: Challenge to conviction u/s 61(1)(a) of Punjab Excise Act, 1914.

The appellant was convicted for carrying illicit liquor in a container wrapped in a gunny bag in a truck. The Chemical Examiner confirmed the liquor was illicit. The Chief Judicial Magistrate sentenced the appellant to six months' imprisonment and a fine of Rs. 5,000. The Sessions Judge and High Court upheld the conviction. The appellant argued that the minimum sentence was introduced after the offense date, but the respondent contended that the relevant date was the conviction date, not the offense date.

Prior to the amendment, Section 61(1)(a) of the Act did not prescribe a minimum sentence, only a maximum of three years' imprisonment and a fine of up to Rs. 2,000. The appellant argued that the minimum sentence was introduced after the offense date, relying on Article 20(1) of the Constitution, which prohibits conviction and sentencing under ex post facto laws. The court considered the quantity of liquor seized and the time passed, upholding the conviction but limiting the sentence to time already served.

The judgment allowed the appeal to the extent of restricting the sentence to the period already undergone, discharging the bail bonds executed, and setting aside the previous orders.