MANGE RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner Mange Ram has been convicted under Section 61(1)(c) of the Punjab Excise Act and sentenced to undergo six months rigorous imprisonment and to pay a fine of Rs. 2000/-. His instant revision petition against the conviction and sentence was admitted only to consider the quantum of sentence.

(2.) THE petitioner was apprehended operating a working still. The contention of the learned petitioner's Counsel is that the petitioner being first offender may be released on probation. His prayer is not acceptable in view of Full Bench judgment of this Court in Joginder Singh v. State of Punjab, 1980 PLR 585, where it was held that although the provisions of the Probation of Offenders Act are applicable to offences under Section 61(1)(c) of the Punjab Excise Act but it is only in exceptional circumstances and for specific weighty reasons that the broad policy of declining the benefit of probation to an accused person in these cases can be possible deviated from. In the present case there are no exceptional circumstances or weighty reasons to give benefit of probation to the petitioner. The petitioner is already been awarded minimum punishment provides for an offence under Section 61(1)(c) of the Punjab Excise Act and so there is not even a scope of reduction of the same.