Crl. Rev. No.1968 of 2006 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Revision No.1968 of 2006 Date of Decision: 5 - 12 - 2011 Pushpa .....Petitioner v. State of Punjab .....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Ruminderjit Singh, Advocate for Mr.J.B.S.Gill, Advocate for the petitioner. Ms.Gagan Mohini, AAG, Punjab. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Petitioner, a lady, of the age of 61 years as per judgment dated 9.8.2006 of the lower Appellate Court, was convicted by the trial Court under Section 61(1)(a) of the Punjab Excise Act, 1914 and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.1,000/- and in default thereof to further undergo simple imprisonment for one month. Against the same, petitioner went in appeal but the same was dismissed by learned Additional Sessions Judge, Hoshiarpur vide judgment dated 9.8.2006. Hence, the present revision petition. Petitioner on 15.7.2001 was found in possession of a Can containing illicit liquor. She was apprehended by a police party led by HC Crl. Rev. No.1968 of 2006 [2] Sarwan Singh. The liquor in the Can was measured and found to be 35 bottles of 750 Mls. and one bottle of 570 Mls. Counsel for the petitioner has stated that since both the Courts below have relied upon the evidence led by the prosecution, he will not be able to assail the conviction but prays that since age of the petitioner was recorded as 61 years in the judgment of the lower Appellate Court, she be released on probation. Counsel for the State has filed an affidavit dated 26.11.2011 of Snehjot Dhawan, Superintendent, Women Jail, Ludhiana wherein it is stated that petitioner has undergone 2 months' of actual sentence after conviction and is not involved in any other case. It has been held by a Full Bench of this Court in Joginder Singh v. State of Punjab, 1980 PLR 585 that where even minimum sentence is prescribed, the accused can be released on probation to enable him/her to reform himself/herself and tread on the path of rectitude. A similar view had already been taken in Isher Dass v. State of Punjab, AIR 1972 SC 1295. This ratio of law has been followed in Pakhar Singh v. State of Punjab, 2007(1) RCR (Criminal) 396. Taking into consideration the fact that petitioner is a lady and is in the corridors of the Courts for the last more than 10 years and is more than 65 years of age, this Court is of the view that releasing the petitioner on probation for a period of six months shall serve the ends of justice. Accordingly, the present revision petition is partly allowed. The order of conviction is maintained. However, the order of sentence is set aside and the petitioner is ordered to be released on probation for a period of six months on her furnishing bonds to the satisfaction of Chief Judicial Crl. Rev. No.1968 of 2006 [3] Magistrate, Hoshiarpur, with an undertaking that she shall keep peace and be of good behaviour and shall appear and receive the sentence during the period of probation in case of breach of undertaking. However, cost of litigation is assessed at Rs.10,000/-. Same be deposited in the trial Court within three months from the date of receipt of a certified copy of this order. In case the cost is not deposited, benefit of probation shall not accrue to the petitioner. ( KANWALJIT SINGH AHLUWALIA ) December 5, 2011 JUDGE RC