SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed by the petitioner under Section 397/401 of the Code of Criminal Procedure (in short, the Code) and is directed against the judgment dated 17th March, 1994, passed by the Judicial Magistrate 1st Class, Ferozepure and judgment dated 25th September, 1995, passed by the Additional Sessions Judge, Ferozepore.

(2.) THE learned trial Court vide its judgment dated 17th March, 1994, convicted the petitioner under Section 61(1)(C) of the Punjab Excise Act (hereinafter referred to as the Act) and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5,000/- (in default of payment of fine, the petitioner was to undergo further rigorous imprisonment for three months). It has been stated in the said judgment that the petitioner was found distilling liquor on a working still. The aforesaid judgment was affirmed by the learned Additional Sessions Judge vide his judgment dated 25th September, 1995.

(3.) MR . Duggal, learned counsel appearing on behalf of the petitioner submitted that the case against the petitioner was registered on 13th October, 1989 and the petitioner had been facing trial for the last about six years. He further submitted that the petitioner was a poor person and he has not been convicted earlier. He also submitted that the petitioner is in custody since 26th September, 1995. He, therefore, contended that the petitioner should be released under Section 4 of the Probation of Offenders Act. In support of his submissions, the learned counsel placed reliance on the following judgments :