Mohinder Singh vs State of Punjab

Harbans Singh Rai, J.—Mohinder Singh petitioner was convicted by the Judicial Magistrate 1st Class, Zira, for the offence under Section 61(1) (c) of the Punjab Excise Act, and sentenced to undergo rigorous, imprisonment for 11/2 years and a fine of Rs. 5000/ or in default of payment of fine to undergo further R.I. for four months. His appeal was dismissed by Shri R.L. Anand, Additional Sessions Judge Ferozepur, but for some modification in the sentence, vide his order dated 311986. Feeling aggrieved against the order of the lower appellate Court, the petitioner has filed this revision

Briefly stated, the prosecution case is that on 531982, Head Constable Tarlok Singh accompanied by some other police officials was on patrol duty in the area of villages Alipur and Valtoha. When the police party reached the bus stand of village Valtoha, a secret information was received to the effect that the petitioner was distilling illicit liquor by means of working still in his house and he could be nabbed if a raid is conducted. Thereupon ruqa was sent to the police station for the registeration of the case, on the basis of which formal FIR was recorded. Thereafter, the house of the petitioner was raided where he was found distilling illicit liquor by means of working still and at the relevant time, he was feeding the fire under the hearth. The working still was cooled down and dismantled. Its components were taken into possession. Out of the liquor in the receiver tin, 180 MLs. of liquor was taken as sample while the remaining liquor was poured into 10 bottles and then put in a canny. The drum boiler sample nip and the canny were sealed and taken into possession vide a recovery memo. After completion of the necessary formalities, the petitioner was challaned for the above said offence. He was tried, convicted and sentenced as mentioned in the earlier part of the judgment.

In support of its case prosecution examined Excise Inspector Gurdev Singh (PW 1), Head Constable Tarlok Singh (PW2) and Head Constable Darshan Singh (PW 3) besides relying upon the report of Assistant Chemical Examiner and affidavits of formal witnesses.

After close of the prosecution case, the petitioner, in his statement denied the prosecution evidence and pleaded false implication and examined two witnesses in his defence, namely, Joginder Singh (DW I) and Raj Singh (DW. II).

I have heard the learned counsel for the petitioner and gone through the record carefully.

The case against the petitioner that he was found distilling illicit liquor by means of a working still at his house has been established beyond shadow of doubt. Moreover, the learned counsel for the petitioner has not seriously assailed the finding of guilt against him recorded by the Courts below. However. he has prayed for a lenient view to be taken in the matter of sentence. The conviction of the petitioner is accordingly hereby confirmed.

As regards the sentence awarded to the petitioner is concerned, it has came on record that he is a first offender and a very poor person. He is facing this protracted trial from the year 1982 and uptil now has suffered sufficiently. In the circumstances I deem it to be a fit case to release the petitioner on probation of good conduct. Accordingly, I order the release of the petitioner on probation of good conduct on his furnishing personal bond in the sum of Rs. 1000/ with one surety in the like amount to the satisfaction of the Chief Judicial Magistrate, Ferozepur, undertaking to appear and receive sentence as and when called upon to do so during a period of one year on his executing the bonds and in the meantime to keep peace and be of good behaviour. He will pay Rs. 5000/ as costs of litigation and fine if already paid shall be adjusted towards costs.

in the light of the above observations, this revision stands disposed of.