DILAWAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner Dilawar Singh has been convicted under Section 61(1)(a) of the Punjab Excise Act for having been found in possession of 60 bottles of illicit liquor. He was sentenced to undergo six months' rigorous imprisonment and to pay a fine of Rs. 1000/ -. The present revision petition filed by the petitioner challenging the conviction and sentence was admitted only to consider the matter of sentence.

(2.) THE contention of the learned petitioner's Counsel is that benefit of probation be extended to the petitioner. There seems to be no reason to reject this contention. The provisions of the Probation of Offenders Act are applicable to the offences under the Punjab Excise Act as held by a Full Bench of this Court in Joginder Singh v. State of Punjab, 1980 P.L.R. 585. The petitioner is a first offender and is entitled to seek relief of probation. It was observed in the case of Joginder Singh (supra) that for not affording the benefit of probation the Court has to record in its judgment special reasons for not having done so. In the present case there are no such special reasons for withholding the benefit of probation from the petitioner.

(3.) FOR these reasons the sentence awarded to the petitioner is suspended and he is ordered to be released on probation for a period of one year on his entering into a bound in the sum of Rs. 5,000/ - with one surety in the like amount to the satisfaction of the trial Court to appear and receive sentence when called upon during the period of probation and in the meantime to keep the peace and be of good behaviour. The petitioner will also pay Rs. 1,000/ - as costs of proceedings. If he has already deposited the fine, it may be adjusted towards the same. Order accordingly.