RUPA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision petition is filed by the revisionist ? petitioner against judgment dated 13.5.2010 passed by learned Addl. Sessions Judge, Ferozepur, as well as judgment dated 12.3.2009 passed by the learned Chief Judicial Magistrate, Ferozepur, whereby petitioner was found guilty under Section 61(1) (c) of the Punjab Excise Act and was sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.5000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of two months.

(2.) CUSTODY certificate handed over in Court today, is taken on record. At the outset, learned counsel for the petitioner does not challenge the conviction of the petitioner and states that petitioner is first time offender. He further states that since sentence awarded is one year, hence, petitioner is liable to be released on probation under the Probation of Offenders Act. He has also placed reliance on the judgement of Single Judge of this Court in the matter of Buta Singh Vs. State of Punjab, 2004 (3) RCR (Criminal), 915.

(3.) IN case he is found to be indulged in such like illegal activities, sentence awarded by the Court below shall stand revived automatically. With above mentioned modification, this revision petition stands disposed of.