Morlidhar, J. - (1.) THE revisionist has been convicted under Sec. 60(2) Excise Act and sentenced to rigorous imprisonment for six months and a fine of Rs. 2000/- in default further simple imprisonment for six months. THE case was that on 6-10-1977 a police party found eight contraband stills producing Illicit liquor working in the fields of village Motapuri. THE appellant is said to have one of these. THE still and paraphernalia for producing liquor as well as some liquor were seized by the police party. All the eight persons were separately challaned.
(2.) THE matter of conviction is concluded by the concurrent findings of fact recorded by the courts below in which no infirmity justifying interference could be pointed out. THE learned counsel then pressed for reduction of sentence. Considering that the occurrence took place as far back as 6-10-1977 and the revisionist has already served a few days (about two weeks) after the lower appellate court decision before bail by this Court and may also have served for a few days more at the investigation stage and after conviction by the trial court, I think no useful purpose would be served by sending htm back of jail. Before leaving the case I would like to note that the Magistrate will be well advised to note that ordinarily the sentence in default should be of the same kind as the substantive sentence imposed for an offence. The revision is partly allowed. The conviction is confirmed but the sentence of six month's R. I. and R. 2000/-fine in default of six month's simple imprisonment is reduced to the period already undergone and a fine of Rs. 1000/- in default three month's simple imprisonment. Two months time is allowed for payment of fine from the date of receipr of the record in the court below. The revisionist was granted bail per order dated 3-6-80 and need not surrender in case the fine is paid within the time allowed. --- Revision partly allowed.;