JAI RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) The learned trial Court convicted the accused, for, commission, of, an offence, punishable under Section 61(1)(a) of the Punjab Excise Act, as, applicable to the stage of H.P., and, thereupon sentenced him to undergo simple imprisonment for six months, and, also sentenced him, to pay a fine, comprised in a sum of Rs. 5000/-.

(2.) The aggrieved therefrom convict preferred, an, appeal, hence thereagainst, before the learned Additional Sessions Judge-II, Kangra at Dharamshala, and, the latter Court affirmed the verdict, of, conviction, and, consequent therewith sentence imposed, upon, the convict. Consequently, the petitioner is aggrieved therefrom, and, has thereagainst preferred, the, instant criminal revision petition, before this Court.

(3.) The accused was found holding possession, of, 60 bottles of country liquor, hence carrying the nomenclature, of, "Lal Quila", rather without any license or permit, and, hence the accused was charged, for, commission of an offence, punishable, under, Section 61(1)(a) of the Punjab Excise Act, (i) and the afore consequent therewith sentence(s), stood imposed, upon him. Since, the accused/convict pleaded guilty, vis- -vis, the charge, hence, his onslaught, as, reared before the learned first Appellate Court, was confined only, vis- -vis, the severity, of, the afore sentence(s), as stood imposed upon him, (ii) and also a contention was reared, through, his counsel, before the learned first appellate Court, that, since he was a first offender, hence the benefit, of, the probation of offenders Act, becoming accordable to him. However, both the afore reared addresses, before the learned first appellate Court, stood declined, and hence, the convict has reared thereagainst, the, instant petition before this Court.