NACHHATTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present criminal revision petition has been filed challenging the judgment, dated 07.08.2014, passed by the learned Sessions Judge, Sri Muktsar Sahib, whereby the appeal filed by the petitioner-Nachhattar Singh son of Mithu Singh, resident of village Surewala, District Sri Muktsar Sahib, impugning his conviction and sentence, dated 16.12.2011, recorded by learned Additional Chief Judicial Magistrate, Sri Muktsar Sahib, was dismissed.

(2.) When the case came up for preliminary hearing on 09.10.2014, at that time the learned counsel for the petitioner submitted that he did not want to challenge the conviction of the petitioner since both the Courts below had gone against the petitioner. However, on the strength of judgments rendered in the matters of Joginder Singh vs. State of Punjab, 1980 82 PunLR 585 (Full Bench); Kuldip Chand vs. State of Punjab, (CRR-1770-2005 decided on 10.09.2012); and Nishan Singh vs. State of Punjab, (CRR-2102-2012 decided on 20.09.2012) he submitted that in spite of the fact that minimum sentence was prescribed, the petitioner could be released on probation and, as such, notice of motion was issued with regard to quantum of sentence only.

(3.) Learned counsel for the State very fairly concedes that a Full Bench judgment of this Court in the matter of Joginder Singh and the judgments rendered in the matters of Kuldip Chand and Nishan Singh , it was held 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 30 kgs of Lahan and six bottles of illicit liquor each containing 750 ml were recovered from the petitioner, therefore, the sentence passed by the Courts below should not be disturbed.