CHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER was convicted under Section 61(1)(c) of the Punjab Excise Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5000/-. In default of payment of fine, he was to further undergo rigorous imprisonment for one month. Appeal filed by the petitioner was dismissed on 10.11.1995 by the Additional Sessions Judge, Sangrur. Hence, this revision petition.

(2.) IN brief, the facts are that the petitioner was allegedly distilling illicit liquor in the cattle-shed attached to his house in village Salar. Upon receipt of a secret information, the police went to the house of petitioner and found him working on the Bhhatti (working-still). All the utensils were taken into custody and about 30 kg. of Lahan was taken into possession. The trial Court sentenced the petitioner to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5000/-. On appeal, judgment of the trial Court has been affirmed.

(3.) HAVING heard the learned counsel at length, I find no merit in the first two contentions of counsel for the petitioner. The learned trial Court as well as the first appellate Court on the appreciation of evidence on record have dealt in detail the first two arguments now raised in this petition and I do not find any ground to interfere in the finding recorded by the Courts below on the same. As regards the contention that the petitioner ought to have been released on probation, it has come on record that the petitioner is 30 years of age and is not a previous convict and there is no allegation that after the recovery of the working still from his possession on 14.1.1992, he has been arrested in any criminal case for recovery of illicit liquor or other contraband articles. Thus, in view of the peculiar facts and circumstances of this case, I am of the view that it is a fit case where benefit of Probation of Offenders' Act should be given. The petitioner is accordingly directed to be released on probation of good conduct under Section 4(1) of the Probation of Offenders' Act, 1958 for a period of two years subject to his furnishing of personal bond in the sum of Rs. 5000/- with one surety in the like amount to the satisfaction of the trial Court. The petitioner shall undertake to keep peace, be of good behaviour and shall appear before the Court as and when called upon to receive sentence during the aforesaid period of probation. The sentence of fine imposed by the learned trial Court is set aside. The fine, if already deposited, be refunded to the petitioner.