MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was convicted under Section 61(1) (a) of the Punjab Excise Act for he was found to be mobile on a motor cycle carrying with him illicit liquor to the extent of twenty bottles. The motor cycle was ordered to be confiscated by the trial Court. The petitioner was awarded the minimum sentence imposeable under the law, i.e., six months rigorous imprisonment and a fine of Rs. 1,000/ -, in default two month's rigorous imprisonment.

(2.) NOTICE was issued to be Advocate General, Punjab regarding confiscation of motor cycle and to consider whether the petitioner be released on probation. I have heard learned counsel for both side on the aforesaid two aspects.

(3.) SECTION 78 of the Punjab Excise Act provides that whenever an offence punishable under the Act is committed, the conveyance used in carrying such receptable, in which any intoxicant was found, shall be liable to confiscation, provided in lieu of order of confisaction, the Court may give the owner of the thing liable to be confiscated an option to pay such fine, as the Court think fit. Concededly, the motor cycle used conveyance was owner by the petitioner. Having regard to the circumstances of the case, it would be appropriate to give an option to the petitioner to pay sum of Rs. 1,000/ - as fine in lieu of confiscation of the motor cycle.