LAKHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE conviction of Lakha Singh under section 61 (1) (c) of the Punjab Excise Act and the minimum sentence of one year's rigorous imprisonment and fine of Rs. 5000/ - was maintained by the learned Sessions Judge. Feeling aggrieved, he has preferred this revision petition. As regards the conviction of Lakha Singh, I see no valid reason to interfere with it. Instead of sentence of imprisonment, his learned counsel prayed for his release on probation on the ground that admittedly Lakha Singh was 20 years of age at the relevant time. The learned counsel rightly contended that section 6 of probation of Offenders Act at once comes into place. With regard to the scope of the section their Lordship in Mohammed Aziz Mohammed Nazir v. State of Maharashtra, AIR 1976 SC 130 have ruled. "Section 6 lays down an injunction, as distinct from a discretion under section 3 or section 4, not to impose a sentence of imprisonment on a person, who is under twenty - one years of age and is found guilty of having, committed an offence punishable with imprisonment other than that for life. unless for reasons to be recorded by it, it is satisfied that it would not be desirable to deal with him under section 3 or section 4. This inhibition on the power of the Court to impose a sentence of imprisonment applies not only at the stage of trial court but also at the stage of "High Court or any other Court when the case comes before it on appeal or in revision." Having regard to the age of Lakha Singh and the other facts and circumstances or the case, I find no valid reason to deny him the relief claimed.

(2.) COMING now to the question of minimum sentence provided by law, it). the Full Bench decision of this Court in Joginder Singh v. The State of Punjab, 1980 CLR (Pb and Har.) 196, it has been held that a person involved in the commission of offence under section 61(1)(c) of the Punjab Excise Act can be released on probation for exceptional reasons. In view of the law laid down by their Lordships of the Supreme Court and the facts of this case, I find that a cast has been made out to release Lakha Singh on probation of good conduct. I, therefore direct that Lakha Singh, who is behind the bars, be released on his entering into a bond in the sum of Rs. 2000/ - with one like surety to the satisfaction of CJM Jullundur, to appear and receive sentence when called upon during a period of one year and in the meantime to keep the peace be or good behaviour. The revision petition stands disposed of.