JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed by the petitioner under Section 401 of the Code of Criminal Procedure (in short, the Code) challenging the order, dated 2nd March, 1994, passed by the learned trial Court convicting him and sentencing him to rigorous imprisonment for six months and a fine of Rs. 1000/- for default of which the petitioner was required to undergo rigorous imprisonment for one month. The petitioner has also challenged the order, dated 18th April, 1994, passed by the appellate Court confirming the order, dated 2nd March, 1994, passed by the learned trial Court.

(2.) THE learned trial Court has convicted the petitioner under Section 61(1)(a) of the Punjab Excise Act (hereinafter referred to as the Act) for having possessed 150 bottles of liquor.

(3.) MR . Gill, learned counsel appearing on behalf of the petitioner, submitted that in the present case, the alleged recovery is of 150 bottles of liquor and the petitioner had been facing trial in the case since October, 1990. He further submitted that the petitioner has not been convicted earlier. Lastly, he submitted that the petitioner has been awarded rigorous imprisonment for six months and a fine of Rs. 1,000/- and he has been in custody since 16th April, 1995. He, therefore, contended that the petitioner should be released under Section 4 of the Probation of Offenders Act. In support of his submission, the learned counsel placed reliance on the following judgments :