Kashmir Singh vs State of Punjab

S.S. Grewal, J. (Oral)

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 undergo 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.

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.

On behalf of the petitioner, it is submitted that only the components of working still were recovered from the petitioner and in the absence of link evidence, the trial Court rightly held that no case for operating the working still had been made out against the present petitioner.

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.

For the foregoing reasons, the petitioner is directed to be released on probation for good conduct for a period of one year under Section 4(3) of the Probation of Offenders Act, 1958 subject to his furnishing personal bond for a sum of Rs. 5,000/ with one surety in the like amount to the satisfaction of the trial Court. The petitioner shall undertake to keep peace, be of good behaviour, receive sentence as and when called by the Court, and shall remain under the supervision of the District Probation Officer, Amritsar during the aforesaid period of probation. District Probation Officer, Amritsar shall send periodic reports to the Court of Sessions Judge, Amritsar concerning conduct of the appellant during the aforesaid period of probation. The petitioner is also directed to pay Rs. 200/ towards the cost of the proceeding. (The sentence of fine imposed by the trial Court is set aside in view of the authority AIR 1972 SC 1295, Ishar Das v. State of Punjab). Fine if already paid would be considered towards payment of costs of the proceedings. Except for the said modification, I do not find any merit in this petition and the same is hereby dismissed.