KIRPAL SINGH ALIAS PALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER Kirpal Singh alias Pala was convicted and sentenced by the Court of learned Judicial Magistrate Ist Class, Ferozepur, under Section 61(1)(c) of Punjab Excise Act to undergo one year rigorous imprisonment and a fine of Rs. 5,000/-, in default whereof to further undergo rigorous imprisonment for two month. Aggrieved against the same, he had filed an appeal and the same was dismissed by the Court of learned Sessions Judge, Ferozepur.

(2.) BRIEFLY stated a police party was patrolling on bicycles when they received a secret information that the petitioner is running a working still and if the raid is conducted working still along with lahan and illicit liquor can be recovered. The information was reduced into writing and ruqa Ex.PC was sent to the Police Station. When the raid was conducted accused/petitioner was apprehended while running a working still. The working still was dismantled by the raiding party and recovered one drum boiler Ex.P1 containing 80 Kgs. of lahan. Various instruments of working still, drum boiler, rubber tube were recovered and the accused was sent to trial.

(3.) TAKING into consideration submission of learned counsel for the petitioner that in the last 17 years, the petitioner has committed no other offence and is leading his life as peaceful and honest citizen. Ends of justice will be fully met if he is released on probation for one year. He shall execute bonds to the satisfaction of learned Chief Judicial Magistrate, Ferozepur, with an undertaking to keep peace and be of good behaviour during the period of probation. He is ordered to pay Rs. 15,000/- as cost of litigation. Petitioner shall be called upon by the Court of learned Chief Judicial Magistrate, Ferozepur, to furnish the bonds and deposit cost of litigation. Non-deposit of cost of litigation by the petitioner shall be construed as dismissal of the present revision petition. With these observations, the present revision petition is disposed off. .