RAHAMTULLA Vs. STATE

JUDGEMENT

(1.) This petition is directed against the judgment dated 16-7-1976 passed by the Sessions Judge, Shimoga, in Cr.A.No.51/1972, confirming the judgment and order dated 30-9-1972 passed by the Special First Class Magistrate, Shimoga, in C. C. No.2171/1971, convicting the petitioners who were respectively A-1, A-2, A-3, A-5, A-6 and A-7 under Ss.14(2) r/w 32 of the Karnataka Excise Act and sentencing each of them to undergo rigorous imprisonment for four months and to pay a fine of Rs.500 and in default of payment of fine to undergo R.I. for a further period of one month. The prosecution case was that on 10-11-1969 at about 4-50 a.m. near Sowlanga Gate situate within the jurisdiction of Shimoga Rural Police Station, petitioners 1 to 3 and another viz. N.Basheer. Ibrahim who was A-4 before the trial Court and who has been acquitted, were found transporting 720 Brandy bottles without any valid permit in a Car bearing Reg. No.MRZ 7386, and that at about the same time and place petitioners 4 to 6 were found transporting 694 Brandy bottles without any valid permit in a Car bearing Reg.No. MRZ 8722.

(2.) Sri B.K.Ramachandra Rao who appeared for the petitioners did not challenge the correctness and the legality of the convictions of the petitioners. All that he submitted was that this is a fit case for applying the provisions of the Probation of Offenders. Act (hereinafter called the P.O.Act). His argument was that the petitioners having suffered prosecution for over 8 years should not further be made to suffer by undergoing the sentences imposed on them.

(3.) Having regard to the facts that the offence in question took place as long back as 10-11-1969 and that there are no previous convictions against the petitioners for having committed such or similar offences, I think it would be sufficent to meet the ends of justice" if instead of sentencing them to imprisonment an order is made under S.4 of the P.O.Act.