JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JOGINDER Singh petitioner was convicted under section 61 (1) (c) of the Punjab Excise Act, 1914 (hereinafter referred to as 'the Act') by the Judicial Magistrate 1st Class, Patti vide order dated 3-10-1988 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. The conviction and sentence passed by the learned trial Court was maintained by the Additional Sessions Judge, Amritsar, vide order dated 23-8-1990.

(2.) NOTICE in this revision was sent to the State only for consideration of quantum of sentence to be awarded to the petitioner as well as for considering the question as to whether the benefit of Probation of Offenders Act can be given to the petitioner or not.

(3.) LEARNED trial Court has awarded the minimum sentence prescribed under the law for commission of offence under section 61 (1) (c) of the Act. As such, no reduction in the sentence awarded to the petitioner is called for.