JUDGMENT 1. - In this matter, the learned Public Prosecutor had filed the factual report which reveals that, in all, seventeen criminal cases have been registered against the accused-petitioner Sukhdeo Singh @ Sethia under Rajasthan Excise Act, 1950 etc. and the petitioner Sukhdeo Singh had been convicted in two of these cases. Learned counsel for the accused-petitioner has not disputed above criminal antecedents of accused. 2. Final arguments have been heard at the stage of admission in this criminal revision (by consent of both parties) which has been filed by accused-petitioner Sukhdeo Singh against the order dated 18.6.2012 passed by Additional Sessions Judge, Sri Karanpur District Sri Ganganagar in Criminal Appeal No. 35/2011 namely Sukhdeo Singh @ Sethia v. State of Rajasthan whereby the appeal of accused-petitioner Sukhdeo Singh was dismissed by Additional Sessions Judge, Sri Karanpur and order passed on 15.10.2011 by A.C.J.M., Sri Karanpur in Criminal Regular Case No. 407/2008 was upheld. 3. The learned Triai Court had convicted and sentenced the accused-petitioner Sukhdeo Singh under 16/54(a) of Rajasthan Excise Act, 1950 by three years' simple imprisonment and Rs. 20,000/- as fine. In default of payment of fine, accused was ordered to suffer five months additional simple imprisonment. 4. In this criminal revision, it has been submitted on behalf of the accused-petitioner that accused-petitioner has remained in jail for about fifteen months, in this case and no arguments has been submitted on the merits but only prayer of the learned Advocate for the petitioner is that the accused-petitioner be released on the undergone sentence. It has also been submitted that only ten litres of illicit liquor has allegedly been recovered from the possession of the accused. 5. I have also looked into the merits of the case, I have perused the statements of PW-1 Jaswant Singh, PW-2 Karani Singh, PW-3 Chuuni, PW-4 Subhash and PW-5 Tara Chand. I have also perused the documents exhibited in the Trial Court's file. I am fully convinced that conviction recorded by the Trial Court of accused-petitioner Sukhdeo Singh under Section 16/54(a) of Rajasthan Excise Act, 1950 is not assailable on merits. So far as the quantum of sentence is concerned, there are seventeen criminal cases which have been registered against the accused-petitioner and out of the seventeen cases, in two cases of Rajasthan Excise Act, 1950 he had been convicted previously also by different Courts. So far as the quantum of sentence is concerned, there are seventeen criminal cases which have been registered against the accused-petitioner and out of the seventeen cases, in two cases of Rajasthan Excise Act, 1950 he had been convicted previously also by different Courts. This fact is not disputed by the learned counsel for the petitioner. In Section 54(a) of Rajasthan Excise Act, 1950 it has been mentioned that possession of any excisable article without license or permit in this behalf shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine of twenty thousand rupees or five times of the loss of excise duty, whichever is higher. 6. Above amended provision have been made enforcible by Rajasthan Excise (Amendment) Act, 2007. In the present case, accused-petitioner was found in possession of illicit liquor on 9.7.2008 so the amendment of year 2007 will be applicable in the present case. By virtue of Section 66 of Rajasthan Excise Act, 1950, enhanced punishment after previous conviction has been provided and this section mentions that any person having been previously convicted of an offence punishable under this Act or under the similar provisions of any enactment repealed by this Act subsequently commits and is convicted of an offence punishable under this Act, he shall be liable to twice the punishment which might be imposed on a first conviction under this Act. Provided further that the enhanced punishment would not in any way affect the minimum sentence prescribed for any offence under this Act. Thus, cumulative reading of Section 54(a) read with Section 66 of Rajasthan Excise Act, 1950 comes to the effect that in the case of present accused-petitioner minimum sentence is six months jail with a fine of Rs. 20,000/- (rupees twenty thousand). So far as the substantive sentence of imprisonment is concerned, some relief may be given to the accused-petitioner. Accordingly, this criminal revision is partly accepted on the quantum of sentence and accused-petitioner is convicted and sentenced under Section 16/54(a) read with Section 66 of Rajasthan Excise Act, 1950 as follows-One year and three months rigorous imprisonment with a fine of Rs. Accordingly, this criminal revision is partly accepted on the quantum of sentence and accused-petitioner is convicted and sentenced under Section 16/54(a) read with Section 66 of Rajasthan Excise Act, 1950 as follows-One year and three months rigorous imprisonment with a fine of Rs. 20,000 (twenty thousand) and in default of payment of fine, he will have to suffer fifteen months (one year and three months) additional rigorous imprisonment.Accused petitioner will be entitled to the benefit of 428 Cr.P.C. as per law. A record of the lower Court be sent back with the copy of this order immediately. A copy of this order be sent to the Superintendent Central Jail, Sri Ganganagar also by speed post.Appeal party allowed. *******