SATNAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision petitioner has been filed by petitioner against judgment and order dated May 22, 1989. Vide which he was convicted and sentenced for a period of six months and to pay a fine of Rs. 2,000/- for the offence under Section 61(1) (c) of the Punjab Excise Act, 1914. In default of payment of fine, he was to further undergo imprisonment for one and a half months. His appeal was also dismissed vide judgment dated July 6,1990, passed by the Additional Sessions Judge, Jind. That judgment is also under challenge.

(2.) It was allegation, against the petitioner that on March 10, 1985, at about 3.30 P.M., a secret information was received to the effect that petitioner was distilling illicit liquor inside the kitchen of his house. Then, first information report was recorded and raid was conducted. Petitioner was apprehended while committing the offence of illicit distillation of liquor. He was tried, convicted and sentenced as mentioned above.

(3.) It is not necessary to go into the merits of this case as counsel appearing for the petitioner has addressed arguments only regarding quantum of sentence. The counsel has stated that petitioner had been suffering the agony of trial and pending appeal for the 1st more than seventeen years. He has further stated that after his conviction, petitioner had not not indulged in any such offence and now he is leading life of a disciplined citizen. He further stated that the petitioner is only bread winner of the family and, if at this stage, he is sent behind the bars, his entire family will suffers. By stating all these facts, he prayed that the petitioner be released on probation.