SAHEG SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS Revision Petition has been directed against the judgment and order dated 19.1.1988 passed by the Judicial Magistrate Ist Class, Karnal whereby the petitioner having been guilty and convicted under Section 16(1)(a) of the Punjab Excise Act, 1914, was sentenced to undergo RI for one year and to pay a fine of Rs. 1,000/- in default whereof he was required to undergo RI for three months, as well as against the judgment dated 8.7.1988 passed by the Additional Sessions Judge, Karnal, thereby dismissing the appeal filed by the petitioner against the aforesaid judgment and order passed by the learned JMIC, so far as conviction is concerned, though the substantive sentence was reduced from RI or one year to RI for six months.

(2.) AS per the prosecution case, on 6.1.1984 when a police party was present at Bus Stand Ballu, a secret information was received that the petitioner was used to distilling and selling illicit liquor in his tubewell kotha. The police party raided the tubewell kotha and caught the petitioner red handed when he was moving his hand in a drum containing 100 kilograms of lahan. The drum was sealed and taken into possession, the contents of which were got tested from the Excise Inspector and thereupon a formal FIR registered, investigation was carried out which led to the conviction and sentence of the petitioner, as referred to above.

(3.) ON the other hand, Sh. R.D. Sharma, learned Deputy Advocate General opposed the petitioner's contention regarding invoking the provisions of Probation of Offenders Act and contends that a heavy quantity of lahan having been recovered, the order of sentence passed by the learned Additional Sessions Judge, deserves to be maintained.