KASHMIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KASHMIR Singh petitioner was convicted under Section 61(1)(c) of the Punjab Excise Act (hereinafter referred to as the Act) and was sentenced to undergo imprisonment for 1 years and to pay a fine of Rs. 5000/- vide order of Judicial Magistrate Ist Class, Gurdaspur dt. 18th May, 1992. In default of payment of fine he was ordered to undergo further rigorous imprisonment for three months. The petitioner filed appeal against the order of conviction and sentence passed by the trial Court, which was dismissed vide order of Additional Sessions Judge, Gurdaspur date 19th of April, 1993 except that the substantive sentence of imprisonment to one year rigorous imprisonment. Aggrieved against the orders of conviction and sentence passed by the Courts below the petitioner has filed the present revision petition in which notice was only issued qua sentence to be awarded to the petitioner.

(2.) THE learned counsel for the parties were heard.

(3.) THE petitioner no doubt is in his late forties the fact remains that he is not a previous convict and there is no allegations that after the recovery of the working still from his possession on 24.9.87, he has been arrested in many criminal case for recovery of illicit liquor or other contraband articles. The object of law is also tone form a criminal and not merely to punish him. In case the petitioner is again sent to jail he would come into contact with hardened criminals and may later on turn out to be a hard criminal himself. In view of the peculiar facts and circumstances of the present case particularly the fact that the petitioner underwent agony of trial in the Courts for an inordinate long period, in my opinion, it is a fit case to give benefit of Probation of Offender Act to the petitioner. The petitioner is accordingly directed to be released on probation of good conduct under Section 4(1) of the Probation of Offenders Act, 1958 for a period of two years subject to his furnishing personal bond in the sum of Rs. 5000/- with one surety in the like amount to the satisfaction of the trial Court. The petitioner shall undertake to keep peace, be of good-behaviour and shall appear before the Court as and when called upon to received sentence during the aforesaid period of probation. The sentence of fine imposed by the learned trial Court is set aside in view of the authority of the apex Court in Ishar Dass v. State of Punjab, AIR 1972 SC 1295. The fine, it already deposited, be refunded to the petitioner.