- (1.) VIRENDRA Saran, J. Bachai Gir has preferred this revision against the judg ment and order dated 2-6-1984 of Sri Surya Prasad, II Additional Sessions Judge, Mirzapur dismissing Criminal Appeal No. 108 of 1983 against the judgment and order dated 30-6-1983 of the IV Judicial Magistrate, Mirzapur in Case No. 308 of 1983 convicting and sentencing the ap plicant under Section 60 of the U. P. Excise Act to six months' R. I.
(2.) ACCORDING to the prosecution case on 2-6-1981 at about 2. 30 p. m. Sri R. P. Singh, Excise Inspector recovered 32 bot tles of illicit liquor in two bags from the house of the applicant in Mohalla Rajpur, which the jurisdiction of P. S. Kotwali Dehat, district Mirzapur. Believing the prosecution case the Courts below convicted and sentenced the applicant as mentioned above who has now come up in revision before this Court. I have gone through the judgments of the two Courts below with the help of learned Government Advocate. The two Courts below have believed the evidence of PW. 1 R. P. Singh, Excise Inspector and PW 2 Ramraj and PW. 3 Jagannath and have recorded a finding of fact that 32 bottles of illicit liquor were in fact recovered from the house of the applicant. There is no such infirmity in the findings of fact recorded by the Courts below which may merit inter ference on fact. In view of this the convic tion of the applicant has to be affirmed.
(3.) I have also given thought to the question of sentence in this case. There is no denying of the fact that the incident took place as far back as 1981, that is, more than 19 years hence. In my opinion no useful purpose will be served by sending the applicant back to jail after such long lapse of time. The applicant has also remained in jail for some time. The appeal of the applicant was dismissed on 2-6-1984 on which date he was taken to custody and he was granted bail by this Court on 15-6-1984. It must have taken a couple of days to file the bail bonds and get the applicant released on bail. In the totality of the circumstances I am of the view that the sentence of im prisonment awarded to the applicant may be reduced to the period of imprisonment already undergone by him.;