ORDER H.S. Bedi, J. (Oral) - This petition has been filed against the judgments of the Courts below convicting and sentencing the accused-petitioner, Gopal Singh, for an offence punishable under Section 61(1)(c) of the Punjab Excise Act, 1914. 2. The facts of the case are that on 30.1.1995 ASI Darshan Singh along with a police party, which included HC Jai Singh and other officials was on patrol near village Shaidawala on a government vehicle when he received secret information that the petitioner was distilling illicit liquor by means of a working still in front of his Dhani. On receipt of this information, the police party raided the Dhani of the accused-petitioner and apprehended him while he was distilling the illicit liquor by means of a working still. A drum (Exh. P1) containing 20 Kgs. of lahan and the equipment necessary for the distillation of illicit liquor were also recovered. A ruqa (Exh. PC) was sent to the police station for registration of the case and a formal FIR (Exh. PC/1) was drawn up by the Duty Officer. Bhani Ram, Excise Inspector stated in his report (Exh. PA) that the seized material was partially distilled lahan. The accused was accordingly sent up to face trial under Section 61(1)(c) of the Punjab Excise Act, 1914 and was duly charged and as he pleaded not guilty, was brought to trial. 3. To substantiate its case, the prosecution examined Bhani Ram, Excise Inspector as PW-1, HC Jai Singh as PW-2, SI Darshan Singh as PW-3 and HC Kamaljit Singh as PW-4. Certain documents including affidavits were also tendered into evidence. The statement of the accused-petitioner was also recorded under Section 313 of the Code of Criminal Procedure and he denied the allegations levelled against him and pleaded false implication. He also produced certain witnesses in his defence. 4. The trial Court on a consideration of the evidence, vide its judgment dated 25.5.1990 convicted and sentenced the accused to undergo rigorous imprisonment for one year and to pay a fine of Rs. 2000/- and in default of payment of fine to undergo further imprisonment for a period of four months. The Additional Sessions Judge, Sirsa dismissed the appeal vide judgment dated 16.7.1990. 5. I have heard the learned State counsel and have gone through the record. 6. This petition was filed by Mr. 2000/- and in default of payment of fine to undergo further imprisonment for a period of four months. The Additional Sessions Judge, Sirsa dismissed the appeal vide judgment dated 16.7.1990. 5. I have heard the learned State counsel and have gone through the record. 6. This petition was filed by Mr. B.S. Randhawa Advocate in July, 1990 and while admitting the petition, the petitioner was granted bail on August 3, 1990. Mr. B.S. Randhawa has since died. Notice was issued to the petitioner for the hearing of this petition and a report has been received that no person by the name of Gopal Singh resides at the address given in the petition. 7. It would be seen that the case against the petitioner had been registered in January, 1985 for recovery of 20 Kgs. of semi-distilled lahan. He was convicted vide judgment of the Additional Chief Judicial Magistrate, Sirsa on 25.5.1990, i.e., after a period of five years. The appeal before the Additional Sessions Judge was dismissed on 16.7.1990 and since then the matter is pending in this court. To my mind, to send the petitioner back to serve his sentence at this belated stage would be rather unfair as more than eighteen years have passed since the date of the petitioners arrest. Even his trial took almost five years and the petition is pending in this Court for the last thirteen years. He appears to be even otherwise untraceable. I am, therefore, of the opinion that the sentence should be reduced to that already undergone despite the fact that a minimum sentence of six months has been provided. This petition is accordingly disposed of with the above observations. Petition allowed.