IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Revision No.3053 of 2010 DATE OF DECISION: December 08, 2010 Mithu Singh …..Petitioner versus State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr.A.S. Cheema, Advocate for the petitioner Mr. Raghbir Chaudhary, Sr. DAG, Punjab .. RAJAN GUPTA, J.: This is a revision petition preferred by the petitioner against his conviction under section 61(1)(c) of the Punjab Excise Act, 1914. Briefly stated, case of the prosecution is that on 29.7.2004, HC-Piara Singh of Excise Staff, Mansa alongwith other police officials in connection patrolling and excise raid was present at bridge of canal minor in the revenue limits of village Narinderpura where he received secret information that Mithu Singh son of Sohna Singh, resident of village Khillan was distilling illicit liquor in the field of Lali Singh and if raid was conducted, he could be apprehended red-handed and a huge quantity of liquor recovered from his possession. After completion of necessary formalities, raid was conducted by joining independent witness Bawa Singh. The accused was apprehended while changing the work still. Hearth was dug in the earth Crl.Revision No.3053 of 2010 - 2 - and a silver utensil weighing about 10 kgs. was lying on it and wooden logs burning underneath. A nip was separated as sample from the illicit liquor and remaining liquor which came to be 3-3/4 bottles was made into separate parcels. A plastic bucket containing 15 kgs. lahan was also lying near the working still. HC-Piara Singh sealed all the articles of working still as well as sample parcel and plastic bucket containing lahan with his seal bearing impression 'PS'. He took into his possession all the sealed articles vide possession memo, Ex.P10. On completion of necessary formalities, the challan was submitted in the competent court of jurisdiction. The prosecution examined as many as five witnesses. Learned trial court after appraising the evidence, convicted and sentenced the accused/petitioner under Section 61(1)(c) of the Punjab Excise Act, 1914. He was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.5000/- in default whereof to undergo further rigorous imprisonment for a period of two months. Learned counsel for the petitioner has submitted that the petitioner has already undergone a protracted trial of about five years. It is stated that petitioner is first offender. Even though there may be a minimum sentence of six months for the offence committed by him, it is too well settled that even in such matters, where the minimum sentence is prescribed, the offender can be let off on probation. In support of his aforesaid contention, learned 2 Crl.Revision No.3053 of 2010 - 3 - counsel has relied upon the Full Bench judgment of this Court in Joginder Singh v. State of Punjab, 1980 Crl. L.J. 1218, which was followed by this Court in Baldev Singh v. State of Haryana, 1985 (1) (Crl.) 36. Learned counsel for the State has submitted that the recovery is of huge quantity and, therefore, the petitioner does not deserve the benefit of Probation of Offenders Act. I have heard learned counsel for the parties. After perusing the judgments of the courts below as well as the evidence on record, I am of the considered view that the finding of conviction has been correctly rendered against the accused/petitioner. However, taking into account totality of circumstances, I am of the considered opinion that the petitioner can be granted benefit under the provisions of the Probation of Offenders Act. He is stated to be the first offender. As mentioned above, He has already undergone protracted trial of about five years. Therefore, I deem it appropriate to extend the benefit of Probation of Offenders Act to the petitioner on his furnishing bonds in the sum of Rs.20,000/- and to keep peace and maintain good behaviour for a period of two years under Section 4 of the Probation of Offenders Act, 1958. However, cost of the proceedings need to be imposed in this case. The petitioner shall deposit Rs.15,000/- in respect thereof. The same be deposited within three months from today, failing which, present revision petition shall stand dismissed. The petitioner shall furnish the bonds within 3 Crl.Revision No.3053 of 2010 - 4 - one month from the date of receipt of certified copy of this order. The revision stands disposed of accordingly. December 08, 2010 ( RAJAN GUPTA ) pc JUDGE 4