Criminal Revision No.580 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.580 of 2011 Date of decision:- 06.04.2011 Gurcharan Singh @ Bomb ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Jasbir Singh Chahal, Advocate for the petitioner. Mr. Vishal Munjal, Addl.A.G. Punjab. RITU BAHRI J.(Oral) This criminal revision is against the judgment dated 09.2.2011 whereby the judgment dated 15.7.2008 passed by the Sub Divisional Judicial Magistrate, Nokadar, convicting the petitioner for one year with fine of Rs.5,000/- for offence under Section 61(1)(14) of Excise Act, has been confirmed by the Additional Sessions Judge, Jalandhar. Mr. Gurcharan Singh @ Bomb was challaned to face trial in FIR No.153 dated 23.5.2000 under Section 61(1)(14) of the Excise Act, registered at Police Station Nokadar. On 23.5.2000, ASI Ajit Pal Singh alongwith other police officials was going for excise checking towards Village Kaimwala. On the side of drain, they found one person namely Bomb son of Ranja Singh was distilling illicit liquor by means of working still. The accused was identified by ASI Ajit Pal Singh as well as Constable Swaran Singh. The working still was cooled down and dismantled. The drum boiler containing 100 kg lahan as well as receiver canny from which the illicit liquor was recovered, which was 14 bottles. After taking a Criminal Revision No.580 of 2011 -2- sample from the canny receiver, it was sealed by the Investigating Officer bearing impression APS. The sample after sealed was handed over to C-II Sarwan Singh. Entire components of working still alongwith drum and canny plastic were taken into police possession. After completing the investigation the challan was presented. Charge was framed against the accused. The prosecution has examined PW1 HC Baldev Singh, who tendered into evidence his affidavit Ex.PA, thereafter C-II Sarwan Singh was examined as PW2, ASI Karam Singh as PW3, ASI Ajit Pal Singh as PW4 and thereafter Niranjan Dass, Excise Inspector as PW5. Statement of accused under Section 313 Cr.P.C. was recorded. The accused has failed to examine any witness in defence. The trial Court after perusal of the evidence and arguments, convicted the accused under Section 61(1)(14) of Excise Act and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs.5000/- and in default of payment to further undergo rigorous imprisonment for one month. In appeal, the appellant referred to the discrepancies by the Investigating Officer and the recovery witnesses. The recovery was effected on 23.5.2000 and the statement of witnesses were recorded in October/November 2007. Due to long gap it is not possible to remember each mining detail. But after observing that the link evidence was complete and the statement of prosecution witnesses trustworthy, the Additional Sessions Judge upheld the judgment of trial Court. Mr. J.S. Chahal, Advocate counsel for the petitioner has not been able to challenge the judgments of the trial Court as well as of the Appellate Court on merits. Counsel for the State on the other hand filed an affidavit of Surender Singh, the custody certificate of the convict Gurcharan Singh @ Bomb to show that he has undergone two months and 14 days till 1.4.2011. This Court is of the view that the judgment of the Additional Sessions Judge convicting the petitioner under Section 61(1)(14) of the Excise Criminal Revision No.580 of 2011 -3- Act does not require any interference. However it is an appropriate case in which the petitioner should be granted the benefit of probation as the petitioner is first offender, he is facing the prosecution of trial from the year 2000 and has already undergone two months and 14 days out of total one year rigorous imprisonment awarded. A direction is given to the trial Court to release the petitioner on probation for a period of one year as per the conditions under the Probation of Offenders Act,1959 after furnishing the surety of Rs.30,000/-. The revision petition is allowed in the above terms. April 06, 2011 ( RITU BAHRI ) Vijay Asija JUDGE