GURBAX SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS criminal revision arises out of a judgment dated 15.1.1991 passed by learned Additional Sessions Judge, Jind, in Crl. Appeal No. 2 of 17.11.1990, affirming the judgment and order of learned Sub Divisional Judicial Magistrate, Safidon, holding the accused-petitioner guilty of offence punishable under Section 61(1)(c) of the Punjab Excise Acr. 1914, and sentencing him to undergo RI for six months with a fine of Rs. 2,000/-. Brief facts of the case, as set out in para Nos. 1 and 2 of the impugned judgment, on reproduction, read as under :-

(2.) LEARNED counsel, at the outset, confines his prayer for relief only to the extent of seeking the benefits of probation to the accused-petitioner. The prayer of learned counsel is also based on a judgment of the Court reported in (Kashmir Singh v. The State of Punjab), 1990(1) CLR 480 : 1990(2) RCR(Crl.) 570 (P&H), which is founded on a judgment of Hon'ble the Apex Court reported in Isher Das v. State of Punjab, AIR 1972 SC 1295.

(3.) ON due consideration of rival submission, I do not notice any legal impediment in allowing the prayer of learned counsel for the petitioner. The offence is dated 15.12.1986; the contraband items recovered were (i) lahan, the raw material to be used for distilling liquor and (ii) 5 bottles of distilled liquor; this is the first offence of the petitioner; and the offences under the Act are bailable and compoundable in nature. Further, there is no bar whatsoever under the Probation of Offenders Act, 1958 or the Punjab Excise Act, 1914, to the extension of benefits of probation. Thus, taking into account the totality of circumstances, submission of learned counsel for the petitioner is accepted and the revision (being Crl. Revision No. 48 of 1991) is allowed in part to the extent that the jail sentence of the petitioner shall remain suspended during the probation period of two years on his furnishing necessary bond with sureties to the satisfaction of learned Chief Judicial Magistrate, Jind, to keep the peace and be of good behaviour and also to appear and receive sentence when called upon during this period of two years by the Court. The fine amount deposited shall be treated as costs of litigation. Petiton partly allowed.