LAWS(P&H)-1990-10-37

SAUDAGAR SINGH Vs. STATE OF PUNJAB

Decided On October 08, 1990
SAUDAGAR SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) SAUDAGAR Singh petitioner was convicted under section 61(1)(c) of the Punjab Excise Act, by judicial Magistrate 1st Class, Amritsar, vide order dated 16.2.1990 and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5,000/-. In default of payment of fine he was further ordered to undergo rigorous imprisonment for six months. Appeal against the order of conviction and sentence, passed by the learned trial Court, was dismissed by the Additional Sessions Judge, Amritsar, vide order dated 7.9.1990.

(2.) NOTICE in this revision was issued to the State only qua the quantum of sentence to be awarded to the petitioner as well as to consider the question whether benefit of Probation of Offenders Act can be granted to the petitioner or not.

(3.) RECOVERY of the working still in this case is said to have been taken place as far back as 12.4.1985. The petitioner was 50 years of age at that time and is not's previous convict. There is no allegation that during the last five years he has either been arrested or sentenced in any criminal case under the Excise Act or for recovery of any other contraband article. Taking into consideration all these circumstances I am of the view that it is a fit case to give benefit of Probation of Offenders Act to the petitioner and be is directed to be released on probation of good conduct under section 4(1) of the Probation of Offenders Act for a period of 2 years subject to his furnishing personal bond in the sum of Rs. 5,000/- with one surety of the like amount to the satisfaction of the trial Court undertaking to keep peace and be of good behaviour during the aforesaid period of probation and to receive sentence and as when called upon to do so. Sentence of fine imposed by the trial Court is set aside in view of the authority Ishar Das v. The State of Punjab, AIR 1972 SC 195. Except with these modifications, I do not find any merit in this petition and the same is hereby dismissed. Petition dismissed.