Criminal Revision No. 258 of 1994 1 In the High Court of Punjab and Haryana, Chandigarh. Criminal Revision No. 258 of 1994 Date of Decision: 06.02.2008 Dhira Masih …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. K.S.Dhaliwal, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) On 5.12.1991 at about 12.50 P.M., on the basis of secret information, police party conducted raid on the premises of petitioner and apprehended him on the spot. The working still was recovered. Petitioner was convicted and sentenced by the Court of learned Judicial Magistrate Ist Class, Batala on 28.10.1993 and was awarded one year rigorous imprisonment and a fine of Rs.5,000/- and in default of payment of fine to further undergo rigorous imprisonment for two months under Section 61(1)(c) of the Punjab Excise Act, 1914. Aggrieved against the same, petitioner filed an appeal in the Court of learned Sessions Judge, Gurdaspur and the same was also dismissed. Petitioner was taken into custody on 16.4.2004 and was released on 31.5.1994. The petitioner has undergone about one month and 15 days as Criminal Revision No. 258 of 1994 2 under-trial. In the present case, besides PW.1 Excise Inspector Sadhu Singh, PW.2 Sucha Singh, ASI appeared. Both the Courts below have relied upon their testimony and held petitioner to be guilty of the offence. Mr. Dhaliwal has been unable to persuade me to disbelieve the witnesses. Apparatus and instruments of working still have also been recovered. Therefore, there is no illegality or irregularity pointed out. Thus, in the present revision petition, petitioner cannot be acquitted. Mr. Dhaliwal has further stated that in the present case working still was recovered in the year 1991. Period of more than 16 years has lapsed. He has stated that no useful purpose will be served by sending the petitioner into jail. 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 protracted trial into consideration, the petitioner is ordered to be released on probation provided bonds to this effect are furnished before the Court of Chief Judicial Magistrate, Gurdaspur. However, cost of litigation is assessed as Rs.20,000/- and the same shall be deposited on or before 30.4.2008. Non-deposit of fine by the petitioner shall be considered as dismissal of the present revision petition. With these observations, the present revision petition stands disposed of. (Kanwaljit Singh Ahluwalia) Judge February 6, 2008 “DK