SUKHA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner Sukha Singh was charged under Section 61(1)(a) of the Punjab Excise Act for having been found in possession of a tube, Exhibit P.2, containing about 45 bottles of illicit liquor, before the Sub-Divisional Judicial Magistrate, Panipat, and having been found guilty thereof, he was sentenced to undergo rigorous imprisonment for 6 months and a fine of Rs. 100/-. On appeal, the learned Sessions Judge, Karnal, in a lucid and considered judgment repelled all the contentions raised on behalf of the petitioner and maintained his conviction and sentence. He has now come up in revision.

(2.) IT is unnecessary to recount the facts. The prosecution evidence, which has been unreservedly accepted by both the Courts below, primarily consists of the testimony of Constable Mohinder Singh, Head-Constable Amarjeet and Assistant Sub-Inspector Hari Chand. The petitioner denied the prosecution allegations and pleaded false complicity in the case but led no evidence in defence.

(3.) FINALLY , Mr. Jaiswal pressed for the release of the petitioner in terms of Section 360 of the Code Criminal Procedure. I am of the opinion that the beneficial provisions of Section 360 of the Code cannot be extended to cases of this kind. Recovery of as many as 45 bottles of illicit liquor was effected from the petitioner and that was obviously for commercial purposes. This offence has assumed meaning proportions and requires curbing with heavy hands. To release such offenders on their execution of bonds is to dilute the deterrent effect of the sentence provided under the Act.