T.P.S.MANN,J - (1.) THE petitioner was tried by Additional Chief Judicial Magistrate, Faridkot under Section 61(1)(c) of the Punjab Excise Act, 1914 (for short 'the Act') for having been found operating working still on 29.10.1999 at about 3.15 p.m. in the area of city Kotkapura. Vide judgment dated 6.12.2005, the trial Court convicted the petitioner for the said offence and ordered him to undergo RI for one year and to pay a fine of Rs. 5,000/-. In default of payment of fine, he was directed to undergo further RI for six months. Aggrieved by his conviction and sentence, the petitioner filed appeal, which was, however, dismissed by Additional Sessions Judge, Faridkot on 4.9.2006.
(2.) THE petitioner has, thereafter, filed the present revision, which came up for hearing on 21.9.2006 when notice of motion was issued regarding quantum of sentence only. Learned counsel for petitioner submitted that the occurrence in the present case relates to the year 1999. At the time of framing of charges, the petitioner was noted to be 45 years of age and at present he is about 52 years of age. Further that the petitioner was not a previous convict and till date, he has undergone a substantive period of sentence of about two months. Accordingly, it was prayed that the petitioner be released on probation.
(3.) LEARNED counsel for the State, however, opposed the prayer of the petitioner for being released on probation as he was found operating a working still, which is a serious offence.;