GURTEJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was tried for an offence under Section 61(1) (c) of the Punjab Excise Act for being found while distilling illicit liquor by means of working still. Vide judgment and order dated 1.2.2002, learned Chief Judicial Magistrate, Mansa convicted the petitioner for the said offence and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs.5,000/-. In default of payment of fine, he was directed to undergo further rigorous imprisonment for one month. Aggrieved of the same, the petitioner filed an appeal but the same was dismissed by learned Additional Sessions Judge, Mansa on 7.9.2002. The petitioner is now before this Court by way of revision filed under Section 401 Cr.P.C.

(2.) The only submission made by learned counsel for the petitioner is that the petitioner is not a previous convict and had been facing the agony of criminal prosecution since the year 1998. He has already undergone substantive sentence of about three months. Therefore, instead of sending the petitioner behind the bars, once again, he be granted the benefit of probation.

(3.) On the other hand, learned State counsel has submitted that the petitioner was found distilling illicit liquor by means of working still. Distillation and distribution of spurious liquor amongst the people affects the general health of the society. Moreover, legislature has provided a minimum sentence of one year and fine of Rs.1,000/- for such like convicts found distilling illicit liquor by means of working still, and, therefore, the petitioner be not granted the benefit of probation.