DALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision petition is filed against. the orders of the Additional Sessions Judge, Amritsar, dated November 25, 1986, directing the petitioner to pay a sum of Rs. 1500/ - as costs of proceedings to the State while directing the release of the petitioner on probation under the Probation of Offenders Act. The petitioner was accused of committing an offence under Section 61(1) of the Punjab Excise Act for being in possession of 300 Kgs. of Lahan. The trial Court namely, Judicial Magistrate Ist Class, Amritsar by his judgment dated August 7, 1986 convicted the petitioner for the offence under Section 61(1) of the Punjab Excise Act and sentenced him thereunder to undergo rigorous imprisonment for a period of 1 -1/2 years and to pay a fine of Rs. 1,000/ -. Aggrieved by the same, the petitioner filed an appeal in the Court of the Addl. Sessions Judge, Amritsar in Criminal Appeal No.47 of 1986. The learned Addl. Sessions Judge while confirming the conviction of the petitioner under Section 61(1) of the Punjab Excise Act directed his release on probation but also directed the petitioner to pay a sum of 1500/ - as costs of the proceedigns to the State; and the amount of fine which was paid by the petitioner was directed to be adjusted towards the costs of proceedings.

(2.) AGGRIEVED by the imposition of costs on the petitioner, the petitioner preferred the above revision petition. The learned counsel for the -petitioner argued that while releasing the petitioner on probation, no costs can be imposed and therefore, the order of the learned Addl. Sessions Judge imposing costs on the petitioner, is liable to be set aside.

(3.) THE only point that arises for consideration in this revision petition is whether the Additional Sessions Judge is competent to award costs to the State while releasing the petitioner on probation.