MEHAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was prosecuted for having about 20 kilogram of lahan in a pitcher, which was taken into possession by the police on 23rd January, 1983, when the police party headed by ASI Attar Singh of Police Station, Sadar, Rohtak was present in village Karontha, where secret information was received. The petitioner is said to have given the disclosure statement Ex. PA in pursuance on which the said pitcher of lahan was recovered. The lahan was found to be fit for distillation by the Excise Inspector.

(2.) ON finding the petitioner guilty, the trial court sentenced him to undergo R.I. for mine months under section 61 (1) (a) of the Punjab Excise Act and a fire of Rs. 400/- and in default of payment of this fine the petitioner was directed to suffer further R.I. for four months,

(3.) THE petitioner still challenges illegality of the sentence by way of this revision. On merits, the arguments advanced by the counsel for the petitioner were found to be not tenable but going through the circumstances of this case issued notice only on question of sentence.