RULDU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RULDU Singh Petitionr was convicted by the Sub Divisional Judicial Magistrate, Phul, under section 61(1)(a) of the Punjab Excise Act 1914 and was sentenced to six months Rigorous Imprisonment and a fine of Rs. 1,000/-, in default of payment of fine to undergo further Rigorous Imprisonment for four months. His appeal against the aforesaid conviction and sentence was dismissed by the Sessions Judge, Bhatinda,except for a slight modification that the Rigorous Imprisonment in default of payment of fine was reduced from four months to two months.

(2.) NOTICE in the present case was issued only in regard to sentence at the Motion Stage. When the case was heared this Court on the last date it was found expedient to obtain the report of the Probation Officer in regard to the age, character and antecedents of the petitioner with a view to assess whether the benefit of probation should be afforded to him, or not. The report of the Probation Officer has since been received and I have perused the same. The Probation Officer has made a favourable report and it is also mentioned that he has almost undergone his term of sentence. The Probation Officer has further opined that if the petitioner is released on probation it must have a healthy influence upon him.

(3.) THE present Revision Petition is accepted partly to the extent indicated above.