Additional Sessions Judge R K Gauba, while upholding the conviction, modified the magisterial court's order on sentence on grounds of "long trial" in the case.
"On the question of sentence, however, I find there is scope for reduction. Having regard to the long trial faced, I feel the ends of justice would meet if the sentence is reduced to the minimum prescribed simple imprisonment for six months, along with fine of Rs 5,000 imposed by the magistrate," ASJ Gauba said.
As per an August 2003 externment order of the police, alleged bootlegger Kailash Pal had been asked to keep himself out of the National Capital Territory of Delhi for a period of one year for his alleged involvement in over 20 cases of illegal liquor trade before 2003.
According to police, Pal was also convicted in a case of rash driving. Trials of a number of other cases for similar offences were also pending.
Against this back drop, an externment order was issued by the police on August 14, 2003 but he was found in his house here in September the same year.
The court noted that trial for violation of externment order involved only four witnesses but it was delayed due to non-appearance of witnesses and he was convicted under the provisions of the Delhi Police Act in February 2012 and was sentenced by the magisterial court to two years in jail.
The sessions court rejected Pal's plea that the case against him was false as he was in Haryana on the day of his alleged arrest. The court said there was no plausible reason as to why police would go to the extent of going beyond Delhi to bring him back.