BALDEV SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner Baldev Singh was convicted under section 61 (1) -(c) of the Punjab Excise Act for having been found operating a working still and was sentenced to undergo six months's rigorous imprisonment and to pay a fine of Rs. 1000/ -. The appeal against this order was dismissed by the Additional Sessions Judge, Jind. Against this appellant judgment dated October 26, 1984, the instant revision petition has been filed.

(2.) THE revision petition has been admitted only to consider the question of sentence. The petitioner's counsel has prayed that the petitioner may be released on probation.

(3.) ALTHOUGH a minimum sentence of imprisonment is provided under section 61 (1) (c) of the Punjab Excise Act but a full Bench of this court in Joginder Singh v. The State of Punjab, 1980 C.L.R. (Pb.& Har.) 196, has ruled that an accused convicted under this section can be given benefit of probation in exceptional circumstances. In the present case the petitioner is a first offender and has already undergone one month's rigorous imprisonment. He is in his twenties and is, therefore, at a crucial age when he is to decide whether he would like to lead the life of crime or a life of virtue. In modern penology the emphasis is on reformation of a wrong -doer rather than visit retribution upon him. In my opinion, to give a chance to the petitioner to reform himself, he should be granted the benefit of probation rather than allow to let him associate with hardened criminals in the jail. It may also be pointed out that the lower appellate Court has not given any reason for disallowing this benefit to the petitioner.