DALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present Criminal Revision petition has been filed challenging the judgment, dated 20.12.2004, passed by learned Additional Sessions Judge, Amritsar, whereby the appeal filed by the petitioner, Dalbir Singh son of Chanchal Singh, resident of Nathupura Colony, Lodhi Gujjar, Tehsil Ajnala, District Amritsar, impugning his conviction and sentence dated 24.7.2003, recorded by the learned Sub-Divisional Judicial Magistrate, Ajnala, was dismissed. At the very outset, learned counsel for the petitioner submits that in view of the concurrent findings of both the Courts below, he does not want to challenge the conviction of the petitioner. However, he submits that even if the minimum sentence is prescribed, the petitioner can be ordered to be released on probation. In support of above submission, he has placed reliance on a Full Bench judgment of this Court in the matter of Joginder Singh v. State of Punjab, 1980 CrLJ 1218 and a Single Bench judgment of this Court in the matter of Nishan Singh v. State of Punjab (CRR No. 2102 of 2012, decided on 20.9.2012).

(2.) Learned counsel for the State has not controverted the fact that in Joginder Singh's case and Nishan Singh's case , the Full Bench and Single Bench of this Court had ruled that a person convicted under Section 61(1)(c) of the Punjab Excise Act, 1914 (for brevity, 'the Excise Act') can be released on probation. However, he submits that the petitioner was found operating a working still and 50 Kgs. of Lahan and 180 Mls. of illicit liquor were recovered from him, therefore, he should not be released on probation.

(3.) I have heard learned counsel for the parties and with their able assistance gone through the material available on record.