9911796707
TMI Blog2009 (4) TMI 1026X X X X Extracts X X X X X X X X Extracts X X X X ..... Adv. for Goodwill Indeevar, Adv For Respondents: Naresh K. Sharma, Adv. JUDGMENT Arijit Pasayat, 1. Heard learned Counsel for the parties. 2. Challenge in this appeal is to the judgment of a learned Single Judge of the Himachal Pradesh High Court upholding the conviction of the appellant for offence punishable under Section 61(1)(a) of the Punj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal by the appellant before the learned Sessions Judge who dismissed the appeal. The appellant challenged the order of the learned Sessions Judge before the High Court by filing criminal revision which, by the impugned order, dismissed the appeal. 6. In support of the appeal learned senior counsel for the appellant submitted that the evidence adduced by the prosecution to establish the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8. Prior to the amendment by the Himachal Pradesh Amendment Act, Section 61(1)(a) read as follows: 61.(1) Penalty for unlawful import, export, transport, manufacture, possession, etc.: Whoever, in contravention of any section of this Act or of any rule, notification issued or given thereunder or order made, or of any license, permit or pass granted under this Act,- (a) i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar even on a bare reading of Article 20(1) of the Constitution of India, 1950 (in short, 'the Constitution'). The said provision reads as under: 20. Protection in respect of conviction for offences.-(1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty gre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Constitution what is prohibited is the conviction and sentence in criminal proceedings under ex post facto law. 12. Considering the quantity of illicit liquor seized and the passage of time, while upholding the conviction, we restrict the period of sentence to the one already undergone. 13. The bail bonds executed to give effect to the order of bail dated 09th September 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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