SURESH @ MAHESHA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was tried for committing offence punishable under Section 61(1)(a) of the Punjab Excise Act 1914 (hereinafter to be referred as 'the Act') on the allegations that on 3.1.1997, he was found carrying 72 bottles of Indian made foreign liquor on his scooter and on seeing the police party, he had managed to escape. Vide judgment and order dated 28.1.2006, learned Additional Chief Judicial Magistrate, Jind, convicted him for the aforementioned offence and sentenced him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.1,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of two months.

(2.) Aggrieved of his conviction and sentence, the petitioner preferred an appeal. Vide judgment dated 24.3.2008, learned Additional Sessions Judge-I, Jind, after holding that there was no merit in the same and, therefore, dismissed the appeal. Still not satisfied, he filed the present revision, which stood admitted and his sentence of imprisonment duly suspended.

(3.) Learned counsel for the petitioner has submitted that the petitioner is facing the agony of criminal prosecution for the last about twenty years. He is not a previous convict and has already undergone a sentence of more than two months. Prayer has, accordingly, been made for releasing him on probation.