AMMINI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE revision petitioner was convicted in C. C. No. 59 of 1977 by the Chief Judicial Magistrate, Trichur, for offence under Section 55 (g) of the Abkari Act and sentenced to undergo R. I. for one year and to pay a fine of Rs. 2000/- and in default to undergo S. I. for three months. In Criminal Appeal No. 3 of 1978 the learned Sessions Judge, Trichur. confirmed the conviction but reduced the sentence to S. I. for two months and a fine of Rs. 300/-, in default of which she was directed to undergo S. I. for two weeks. She was convicted because she was found handling wash in a not buried in the ground of her compound and it was found to be wash prepared for illicit distillation of arrack.

(2.) THE only contention urged by the learned Counsel for the petitioner is that this is a fit case for not awarding any sentence at all but to apply the provisions of the Probation Act. This request is opposed by the Prosecutor.

(3.) IT is unfortunate that the Chief Judicial Magistrate did not deem it fit to call for a report from the Probation Officer. However, the learned Sessions Judge called for such a report. I have gone through the report and find it extremely favourable to the revision petitioner. The Probation Officer has reported that revision petitioner's husband is a chronic patient and she has seven children and she is the sole breadwinner of the family which is poor. Her relations save a food account of her and are sympathetic and anxious to save her. The neighbours also appear to be favourable. The Officer also reported the she appears penitent, and promises to behave well in future. His own finding is that at present she has completely discarded illicit distillation. On this basis he recommended her being dealt with under Section 4 of the Probation Act.