Nand Singh vs State of Punjab

M.L. Singhal, J.

Vide order dated 18.2.1998 passed by Judicial Magistrate First Class, Ferozepur, accused Nand Singh (petitioner herein) was convicted under Section 61(1)(a) of the Punjab Excise Act, and sentenced to undergo RI for one year and to pay a fine of Rs. 1,000/ in default of payment of fine, to undergo further RI for 3 months in case FIR No. 249 dated 21.8.94 of P.S. Sadar, Ferozepur.

His appeal to the Court of Session met failure. Learned Sessions Judge, Ferozepur vide order dated 4.8.98 maintained the conviction and sentence passed upon him.

The prosecution case in brief is that on 21.8.94, ASI Banta Singh alongwith HC Lakhbir Singh and Constable Mangal singh was going from village Dulchike to village Jhuge Nihangan in connection with patrolling. When they reached in the area of village Dulchike near the bandh, accused Nand Singh was sighted coming in the opposite side with a gunny bag on his head. On seeing the police party, he tried to retrace his steps. It aroused suspicion in the mind of ASI Banta Singh. He accordingly apprehended the accused. From the search of gunny bag which he was carrying on his head, tube P2 containing illicit liquor was recovered. Out of the recovered liquor 180 ml. was separated as sample. Ramining liquor measured 52 bottles. After measuring liquor, liquor was retransferred in the same tube. Sample liquor was made into a parcel. It was sealed. Tube also sealed with seal bearing impression "BS". Seal after use was handed over to HC Lakhbir Singh. Gunny bag, rubber tube and the sample liquor duly sealed were taken into possession vide memo Ex. PA. After investigation, accused was challaned under section 61(1)(a) of the Punjab Excise Act. On the conclusion of the trial, learned Judicial Magistrate First Class, Ferozepur convicted the accused and sentenced him under section 61(1)(a) of the Punjab Excise Act as indicated above. Learned Sessions Judge, Ferozepur dismissed the appeal. Aggrieved from the dismissal of his appeal by learned Sessions Judge, Ferozepur accused has come up in revision to this Court.

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

Learned counsel did not challenge conviction on any ground whatever. So revision was dismissed so far as conviction was concerned on 16.9.1998. Notice of the revision was given in re sentence to Advocate General, Punjab for 17.9.1998 i.e. today.

Learned counsel for the petitioner submits that the petitioner is a first offender. He has been leading a good course of conduct before. His character and antecedents are clean. It is not an offence involving moral turpitude. So, he should be given an opportunity to reform himself and follow the path of rectitude. In my opinion, the accused should be given one opportunity to reform himself and follow the path of rectitude as possession of illicit liquor is not an offence involving moral turpitude. At best, it is an offence affecting the revenue of the State. Petitioner is stated to be old also. Keeping in view that the petitioner is first offender and has been leading good course of conduct before, he is ordered to be released on probation of good conduct under Section 4 of the Probation of Offenders Act, 1954 on his furnishing personal bond and surety in the sum of Rs. 5,000/ for a period of two years. During this period, he shall remain under the supervision of District Probation Officer, Ferozepur. During this period, he shall maintain good behaviour and keep the peace. He shall pay Rs. 3,000/ to the Excise Department of the State of Punjab. Amount of fine imposed upon him, shall be cost of proceedings to the State.

Subject to the modification in sentence, this revision fails and is dismissed. Judicial Magistrate First Class, Ferozepur (who convicted and sentenced the accused) will issue release orders only after the petitioner complies with the aforesaid order.

Revision dismissed.