S. M. JAIN, J. - (1.) THE petitioner stand convicted and sentenced for the offence under sections 54 (a), (c) and (d) of the Rajasthan Excise Act and sentenced to twelve months' rigorous imprisonment and a fine of Rs. 200/- under section 54 (a) and to four months' rigorous imprisonment and a fine of Rs. 50/-under section 54 (c ). No separate sentence has been passed under section 54 (d ). THE sentences awarded are to run concurrently.
(2.) THE only contention urged by the counsel for the petitioners in this revision is that the sentence awarded to the petitioners may in the circumstances of the case be reduced to already undergone by them. The date of the occurrence is June 4, 1976. It is more than twelve years now. The accused have already remained in custody for over thirty days. They remained in custody from June 4, 1976 to June 7, 1976 and again from August 14, 1981 to September 11, 1981. No previous conviction has been shown against them. There is no material to show that they committed any offence after the present incident. In the facts and circumstances of the case, in my opinion, the sentence already undergone by them will meet the ends of justice. It would not be proper to send the accused to jail again for the offence under section 54 of the Rajasthan Excise Act for the incident which took place twelve years back, Accordingly, the revision is allowed. The conviction of the petitioners is maintained. However, the sentence awarded to them is reduced to the period already undergone by them. The sentence of fine is also set aside. .;