Joginder Singh vs State of Punjab

S. S. Grewal, J. (Oral)

Joginder Singh petitioner was convicted under section 61 (1) (c) of the Punjab Excise Act, 1914 (hereinafter referred to as `the Act'') by the Judicial Magistrate 1st Class, Patti vide order dated 3101988 and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5,000/. In default of payment of fine he was further ordered to undergo rigorous imprisonment for six months. The conviction and sentence passed by the learned trial Court was maintained by the Additional Sessions Judge, Amritsar, vide order dated 2381990.

Notice in this revision was sent to the State only for consideration of quantum of sentence to be awarded to the petitioner as well as for considering the question as to whether the benefit of Probation of Offenders Act can be given to the petitioner or not.

Learned counsel for the parties were heard.

Learned trial Court has awarded the minimum sentence prescribed under the law for commission of offence under section 61 (1) (c) of the Act. As such, no reduction in the sentence awarded to the petitioner is called for.

Faced with this situation, it was submitted on behalf of the petitioner that he is not a previous convict nor there is any allegation that he was arrested or tried for any such offence at a subsequent stage and was less than 30 years of age at the time of commission of alleged offence and may be given benefit of Probation of Offenders Act. This aspect of the case was not at all dealt with by the Additional Sessions Judge. From the order of the trial Court, it is quite apparent that the petitioner was less than 30 years of age at the time of commission of the offence and he was not a previous convict. Apart from that there are no allegations that after alleged recovery of working still from the petitioner, as far back as 2911986, the petitioner has committed any such offence or for recovery of any contraband article. This aspect of the case would indicate that the petitioner has not indulged in sale of illicit liquor out of greed or the said illegal act on the part of the petitioner would prove hazardous to the public health :

Taking into consideration his age, antecedents as well as other circumstance, referred to above, in my opinion, it is a fit case to give benefit of Probation of Offenders Act to the petitioner.

For the foregoing reasons, the petitioner is directed to be released on probation under section 4(3) of the Probation of Offenders Act, 1958, for a period of two years subject to his furnishing personal bond in the sum of Rs. 5,000/ with one surety of the like amount to the satisfaction of trial court, undertaking to keep peace, be of good behaviour and to appear in the Court as and when called upon to undergo the remaining period of his sentence. During this period the petitioner shall remain under the supervision of District Probation Officer, Amritsar and would appear before him on 5111990. The District Probation Officer would send periodic reports to the trial Court and in case the conduct of the petitioner is not up to the mark, the trial Court may report the matter to this Court, through, the Sessions Judge, Amritsar. Sentence of fine imposed by the trial Court is set aside in view of the authority in case Ishar Dass v. The State of Punjab, AIR 1972 S.C. 1295. The fine if already paid shall be refunded to the petitioner. This petition is allowed to the extent indicated above. Copy of this order be sent to all concerned including the District Probation officer, Amritsar, for strict compliance.