KASHMIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SHRI Kashmir Singh, petitioner, was convicted under Section 61(1)(c) of the Punjab Excise Act, 1914 (hereinafter referred, to as the Act) for having been found distilling illicit liquor by operating a working still. He was sentenced to under rigorous imprisonment for six months and to pay a fine of Rs. 200/-. In default of payment of fine, he was further to undergo rigorous imprisonment for one month.

(2.) THE appeal filed by the petitioner against his conviction and sentence before the Additional Sessions Judge was dismissed on June, 13, 1989. Aggrieved against the orders of conviction and sentence of the Courts below, the petitioner has come up in revision which was admitted only with regard to the sentence awarded to him.

(3.) THERE is no material on record that the petitioner is a previous convict. He has already undergone agony of trial for more than three years. Taking into consideration the nature of recovery, antecedents, and the age of the petitioner, I find it to be a fit case to release the petitioner on probation of good conduct under Section 4(3) of the Probation of Offenders Act, 1958.