HARBHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Harbhajan Singh son of Karnail Singh was convicted by Shri D.R. Arora, Judicial Magistrate Ist Class, Tarn Taran, under Section 61(1)(c) and 61(1)(a) of the Punjab Excise Act. Only a consolidated sentence of 1-1/2 years and a fine of Rs. 5,000/-; in default of payment of fine further R-I for six months was awarded to the petitioner. Feeling aggrieved, he filed an appeal in the Court of Sessions Judge, Amritsar. His appeal was dismissed by Shri A.B. Singh Wasu, Additional Judge Amritsar, vide his order dated December 23, 1985. Feeling aggrieved, he has filed this revision.

(2.) I have heard the learned counsel for the parties, Mr. P.S. Sandhu, Advocate learned counsel for the petitioner, has mainly raised the same arguments which were raised before the Courts below. The Courts below have dealt with those arguments in detail and I need not repeat the same. As there is no force in the submissions of Mr. Sandhu, I do not find any infirmity or illegality in the orders passed by the Courts below. The conviction of the petitioner is confirmed.

(3.) As the incident relates to the year 1984 and the petitioner is not a previous convict and is facing the agony of trial for the last five years, I am of the view that it will be expedient if he is released on probation of good conduct. It is ordered accordingly and he is directed to be released on his entering into a bond in the sum of Rs. 2,000/- with one surety of the like amount, for a period of one year. He shall keep peace and be of good behaviour during the said period and appear and receive sentence as and when called upon during the above said period by the Court. The fine, if already paid shall be returned to the petitioner. Order accordingly.