Alok Singh, J. - (1.) PETITIONER was found guilty and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 5000/ - for an offence punishable under Section 61(1)(c) of Punjab Excise Act and in default of payment of fine to further undergo rigorous imprisonment for a period of three months by Sub Divisional Judicial Magistrate, Sultanpur Lodhi, vide judgment dated 24.4.2008.
(2.) THE appeal preferred by the accused/Petitioner was dismissed and the order passed by learned trial Court was affirmed by learned Appellate Court/Sessions Judge, Kapurthala, vide judgment dated 16.3.2011 At the outset, learned Counsel for the Petitioner does not challenge the conviction of the Petitioner. He further states that since sentence awarded is one year, hence, Petitioner is liable to be released on probation under the Probation of Offenders Act. Learned Counsel for the Petitioner states that Petitioner is the first time offender. He has placed reliance of this Court in the matter of Harpal Singh @ Kala v. State of Punjab reported in, 2010 (1) R.C.R. (Cri) 866 and Billu Singh v. State of Punjab reported in, 2010 (3) R.C.R. (Cri) 52 where the accused in an offence punishable under Section 61 of the Excise Act, was released on probation by extending the benefit of probation.
(3.) I have heard learned Counsel for the parties and have gone through the record.;