IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.1050 of 2002 Date of decision: 22nd March, 2010 Ashwani Kumar … Petitioner Versus State of Punjab … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. S.S. Goraya, Advocate for the petitioner. Mr. Mehardeep Singh, Deputy Advocate General, Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Ashwani Kumar, petitioner was convicted by the Court of Sub Divisional Judicial Magistrate, Pathankot under Section 61(1)(14) of the Punjab Excise Act, 1914 (hereinafter referred to as, ‘the Act’) and was sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.1000/-, in default of payment of fine to further undergo rigorous imprisonment for one month vide judgment dated 28.02.2001. Aggrieved against the same, petitioner had filed an appeal. The appellate Court while dismissing the appeal on 10.04.2002 maintained the conviction and sentence awarded upon the petitioner. Petitioner was named as an accused in case FIR No.120 dated 04.07.1999 registered at Police Station Division No.1, Pathankot under Section 61(1)(14) of the Act. Case of the prosecution, in brief, is Criminal Revision No.1050 of 2002 that a police party led by HC Gurmit Singh, was present at New Chakki Bridge, Pathankot, when they saw the petitioner coming on a scooter, which was having no number plate. On suspicion, the petitioner was apprehended and was found in possession of two plastic cans tied on the back side of the scooter. From each of the plastic can, 39 bottles of illicit liquor were recovered. The petitioner was taken into custody on 10th April, 2002 and was released on bail by this Court on 22nd May, 2002. Thus, he has undergone about 1 month and 12 days of actual sentence out of the sentence of six months awarded to him. Counsel for the petitioner has submitted that since both the Courts below have placed implicit reliance upon the testimony of official witnesses, he will not be in a position to assail the conviction of the petitioner. However, learned counsel in the alternative has submitted that in the present case, occurrence had taken place in July, 1999 and the petitioner has already suffered mental pain and agony of a protracted trial for last about 11 years. It is further submitted that petitioner has not committed any other offence before or after the registration of the present case and from last 11 years, he is leading a life of an honest, peaceful and law abiding citizen. It has been held by a Full Bench of this Court in ‘Joginder Singh v. State of Punjab’ 1980 Punjab Law Reporter 585, that even where minimum sentence is prescribed there is no bar on releasing the petitioner on probation. Taking totality of the circumstances into consideration, the petitioner is ordered to be released on probation for a period of six months to maintain good conduct and behaviour and bonds to this effect will be furnished before the Court of Sub Divisional Judicial Magistrate, Pathankot. However, cost of litigation is assessed at Rs.10,000/-, which 2 Criminal Revision No.1050 of 2002 shall be deposited by the petitioner in the Court. Non-deposit of cost by the petitioner shall be construed as dismissal of the present revision petition. With these observations, the present revision petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE March 22, 2010 rps 3