RANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CASE of the prosecution is that on secret information received, police party on 15th July, 1996 in a room of the tubewell, found the petitioner distilling illicit liquor. At the time of raid, accused was found feeding the fire. The working still was dismantled and cooled down. One drum containing 25 kg lahan, one shikala with a hole, one chapney, three cane pieces, one plastic pipe, one iron balla and one can of plastic were found in possession of the petitioner. Case FIR No. 144/1996 was registered at Police Station Jandiala under Section 16/1/14 of Punjab Excise Act.

(2.) PETITIONER was tried. Trial Court found the petitioner guilty and convicted him for the above said offence and sentenced him to undergo rigorous imprisonment for two years and to pay fine of Rs. 5000/-, in default of payment of fine to further undergo rigorous imprisonment for three months.

(3.) COUNSEL for the petitioner has stated that in the present case, occurrence pertains to year 1996. Petitioner has already suffered a protracted trial of 13 years. It has further been submitted that in the order, where quantum of sentence was determined, it was noticed by the trial Court that petitioner was aged 20 years. Therefore, the petitioner, being less than 21 years of age, ought to have been released on probation. Counsel for the petitioner has not assailed the conviction of the petitioner and has accepted the evidence of the witnesses.