THE STATE Vs. KAPUR SINGH

JUDGEMENT

(1.) THIS is a reference by the learned Additional District Magistrate, Barnala recommending that the sentence of Kapur Singh respondent be enhanced.

(2.) ON a police raid Kapur Singh was found working a still. A fairy large quantity of Lahan. four bottles of distilled liquor, the necessary implement and utensils of distilling were also found in his possession. The trial Magistrate before whom he confessed his guilt convicted him under S. 61. Punjab Excise Act and punished him with Rs. 50/ - fine. The State filed a revision against the inadequacy of the penitence and the same has been submitted to this Court for acceptance. The trial Magistrate purporting to act under S. 69 (A) of the said Act had also bound down the convict to be of good behaviour for an year. Section 69 (A) was inserted in the Punjab Excise Act after 1925 as. an amendment but that amendment was not enforcer in Patiala or Pepsu. The order of the Trial Magistrate binding down Kapur Singh to be of good behaviour for an year was. therefore, besides being outside the purview of S. 69 (A) without jurisdiction and is hereby quashed.

(3.) IN the present case the trial Magistrate was carried by the offender being a 'refugee' & by his confession. He failed to take into account that he had not only been found in possession of four bottles of freshly distilled illicit liquor and a large quantity of Lahan but that he was actually working a still with the obvious object of making illicit gain. In the case under examination as was indicated by the presence of the large quantity of Lahan, if the offender had not been interrupted by the raid, he would have manufactured quite.a large quantity of alcohol. Illicit distillation demoralise people and affects the State revenue for which a deterrent sentence is very necessary.