Criminal Revision No. 336 of 1995 1 In the High Court of Punjab and Haryana, Chandigarh. Criminal Revision No. 336 of 1995 Date of Decision: 12.2.2008. Des Raj …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Sachin Sharma, Advocate for Mr. B.S. Bhasur, Advocate for the petitioner. Mr. Amit Chaudhary, Assistant Advocate General, Punjab, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) On 1.1.1993, police party, which was on patrol duty, when reached near the bridge of drain, they saw accused coming from the opposite direction and on seeing the police party he tried to escape but under suspicion he was apprehended. It is stated that the search yielded recovery of 24½ bottles of illicit liquor. Prosecution after conclusion of the investigation submitted the challan. The present petitioner was charged for the offence under Section 61 (1) (a) of the Punjab Excise Act. Petitioner pleaded not guilty and claimed trial. Prosecution examined Assistant Sub Inspector Criminal Revision No. 336 of 1995 2 Darshan Singh as PW.1 and Head Constable Balbir Singh as PW.2. Mr. Sachin Sharma, Advocate, appearing for Mr. B.S.Bhasaur, Advocate, has submitted that no independent witness was examined even though it has come in evidence that the place of recovery was thoroughfare. Mr. Sharma has taken me through the judgment of Courts below. Before both the Courts below, the preliminary argument has been raised that non joining and examination of independent witness is fatal to the prosecution. The Courts below held that since the evidence and testimony of official witnesses inspire confidence, they cannot be brushed aside simply on the ground that no independent witness has been examined. Findings of the Courts below cannot be disturbed especially when two Courts below are unanimous that the trust can be reposed in the official witnesses examined by the prosecution. Therefore, on the solitary ground raised that independent witness has not been examined, the revisional Court cannot come to the rescue of the petitioner. Mr. Sharma in alternate has also submitted that in the present case occurrence has taken place on 1.1.1993. A period of 15 years has lapsed. He has further stated that the petitioner has not committed any other offence. For the last 15 years, he is leading a life of honest and peaceful citizen. This Court is also conscious of the fact that recovery was only of 24½ bottles of illicit liquor. 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. Criminal Revision No. 336 of 1995 3 Taking totality of the circumstances, the petitioner is ordered to be released on probation for a period of six months to maintain good conduct and behaviour and bonds to this effect will be furnished before the Court of Chief Judicial Magistrate, Sangrur. However, cost of litigation is assessed as Rs.10,000/-, which shall be deposited by the petitioner in the Court. Non- deposit of fine by the petitioner shall be construed as dismissal of the present revision petition. With these observations, the present revision petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge February 12, 2008 “DK”