GIRISH NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS revision was against the conviction of the petitioner Under Section 47(a) of the Bihar and Orissa Excise Act. 1915, for having possessed 25 litres of illicit liqor, for which offence sentence of R. I. for 6 months and fine of Rs. 500/ -. which is the minimum prescribed by law, was awarded, was once heard on 10 -9 -1993. As would appear from the order passed on that day, the only question canvassed related to sentence, and the point urged was that the petitioner should be released on probation. This was, however, loft to be decided after perusal of the report of the Probation Officer, which had not been called for, though so mandated by Section 6 of the Probation of Offenders Act, 1358, despite which probation was refused. As this could not have done so, such a report was called for.

(2.) THE report has since been received and. it states that the present is the first offence of the petitioner who is aged 45 and who comes from a lower strata of the society earning his livelihood either by cultivation or by getting himself engaged as a casual labourer. The cause of the offence had been described as 'motivation' due to bad association. The District Probation Officer, Dhenkanal, therefore, recom rrends that a chance may be given to the petitioner to correct his behaviour.

(3.) BEFORE any view on the aforesaid question is taken, it would be apposite to refer to Nilambar Sahu v. State of Orissa, 1990 (I) OLR 424, which was a Case of conviction for storing and selling of illicit liquor in which benefit of probation had been denied by the trial Court by observing that 'this sort of offence is anti -social in character and is rampant in the society causing serious breach of peace and tranquillity.' This Court had upheld that view.