Crl. Rev.No. 2494 of 2010 [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Rev.No. 2494 of 2010 Date of Decision: January ,2011 Jaswant Singh (Through Central Jail, Ferozepur).............. Petitioner Versus State of Punjab .................................................................. Respondent Coram: Hon'ble Ms. Justice Ritu Bahri 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present: Mr. Sameer Sachdeva, Advocate for the petitioner. Mr. Vishal Munjal, Addl. A.G. Punjab, for the respondent. ... Ritu Bahri,J. This revision is directed against the judgment dated 9.8.2010 rendered by the Court of Additional Sessions Judge, Ferozepur, vide which, she dismissed the appeal against the judgment of conviction and order of sentence dated 18.8.2009 rendered by the Court of Sub-Divisional Judicial Magistrate, Jalalabad (West) Distt. Ferozepur, convicting the accused (now revision-petitioner), for the offence punishable under Section 61(1)(c) of the Punjab Excise Act,1914 (amended upto date – hereinafter to be called as the `Act') and awarding him sentence to undergo rigorous imprisonment for a Crl. Rev.No. 2494 of 2010 [ 2 ] period of one year, and to pay a fine of Rs.5,000/-. In default of payment of fine, a further simple imprisonment of 15 days has been awarded. On 17.12.2003, HC Beant Singh alongwith other police officials were on duty on Octroi Post Bahmani Wala. On receipt of a secret information that Jaswant Singh son of Piar Singh resident of Kanalyan Wale Jhugge Dakhli Jalalabad was selling illicit liquor at his house, the Investigating Officer sent a ruqa through Constable Bhagwan Singh to Police Station on the basis of which FIR was registered. A raid was conducted. The accused was found distilling illicit liquor in the room of his residential house. At the time of raid, the accused was feeding fire in the working still. The components of the working still, drummy boiler containing 60 kg lahan and a plastic container being used as receiver containing illicit liquor were recovered. A sample nip of 180 Mls was taken in plastic canny. The case property was sealed bearing impression “B.S.” After sealing the samples, the same were handed over to HC Puran Singh. Statements of witnesses were recorded. Site-plan of the place of recovery was prepared. The case property was deposited with MHC. The lahan was got tested from the Excise Inspector. The accused was arrested and after completing necessary formalities, challan against the accused was presented. On presentation of the challan, copies of the documents were supplied to the accused under Section 207 Cr. P.C. Charge under Section 61 (1)(c) of the Act was framed against the accused, who pleaded not guilty and claimed trial. The prosecution examined PW1 Suresh Tandon, PW2 HC Salwinder Singh, PW3 Beant Singh, PW4 Puran Singh and PW5 Constable Crl. Rev.No. 2494 of 2010 [ 3 ] Jaswinder Singh. Evidence of the prosecution was closed vide order dated 12.5.2009. After hearing the learned counsel for the parties and on going through the evidence on record, the trial Court convicted and sentenced the accused to rigorous imprisonment for one year and to pay a fine of Rs.5,000/- for offence punishable under Section 61(1)(c) of the Act. In default of payment of fine, he was directed to undergo simple imprisonment for 15 days. Feeling aggrieved, an appeal was preferred by the appellant (now revision-petitioner) which was dismissed by the Court of Additional Sessions Judge, Ferozepur, vide judgment dated 9.8.2010. The petitioner has filed the instant revision petition challenging the concurrent findings of the lower Courts. I have heard the learned counsel for the parties and have perused the record. Mr. Sameer Sachdeva, learned counsel for the revision- petitioner, does not assail the concurrent findings of the Courts below. The accused was found distilling illicit liquor in his residence. The site-plan, the components of working still, drummy boiler containing 60 kg lahan and a plastic container being used as receiver containing illicit liquor collected from the site are not in dispute. The evidence led by the prosecution, who carried the investigation through HC Salwinder Singh, Beant Singh, Puran Singh and Constable Jaswinder Singh, is as per law and procedure prescribed. Under these circumstances, the finding of the lower Court regarding conviction does not suffer from any illegality or perversity. The same deserves to be upheld. Counsel for the petitioner submits that the petitioner has been Crl. Rev.No. 2494 of 2010 [ 4 ] facing criminal trial since the year 2003 and by 2010 he has been facing these proceedings for the last 7 years. He further submits that as the petitioner is not a previous convict, he can be granted the benefit of Section 4 of the Probation of Offenders Act, 1958. Learned counsel for the State has placed on record an affidavit of Lakhminder Singh Jakhar, Superintendent, Central Jail, Ferozepur, dated 12.10.2010. The revision-petitioner has undergone 4-1/2 months of actual imprisonment till date. For the reasons recorded above, the revision is partly accepted. The judgment of conviction dated 18.8.2009 passed by the Sub Divisional Judicial Magistrate, Jalalabad, and affirmed by the Appellate Court, is upheld. The order of sentence is modified. Instead, the revison-petitioner, in view of the circumstances enumerated above, is ordered to be released, on probation of good conduct, for a period of two years, on his furnishing a personal bond; in the sum of Rs.5,000/- before Chief Judicial Magistrate/Duty Magistrate, Ferozepur, with one surety in the like amount, to appear and receive sentence, as and when, called upon, during this period and, in the meantime, to keep the peace and be of good behaviour. He shall also furnish an undertaking that he shall not commit any offence of the like nature, during the aforesaid period. The revision-petitioner shall also pay costs of the proceedings, to the tune of Rs.10,000/-. In case, he has already deposited the amount of fine, to the tune of Rs.5,000/-, that shall be adjusted, against the amount of costs, referred to above. The probation bonds, along with the undertaking, shall be furnished and the costs, referred to above, less than the fine, if already paid, shall be deposited, within a period of 2 months, from the date of receipt of a copy of the judgment, Crl. Rev.No. 2494 of 2010 [ 5 ] failing which, the Court concerned, shall proceed, in accordance with the provisions of law, for compliance of the judgment. Order accordingly. 7.1.2011 ( RITU BAHRI ) Rupi JUDGE