- (1.) Balbir Singh petitioner was convicted under Section 61 (l)(c) of the Punjab Excise Act and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5000/-. In default of payment, of fine, he was ordered to undergo further rigorous imprisonment for three months, vide, order of Judicial Magistrate Ist Class Ferozepur dated 8th of October 1988. On appeal the order of conviction and sentence passed by the trial court was upheld by the Additional Sessions Judge. Ferozepur, vide, his order dated 12th of July 1989. Revision against the orders of conviction and sentence passed by the courts below was admitted by this court only qua sentence to be awarded to the petitioner, and, for consideration whether benefit of Probation of Offenders Act can be Granted to him, or not.
(2.) In brief facts relevant for the disposal of this petition are that on 29th of April, 1984 police party headed by Head Constable Gurmit Singh went for conducting excise raids - in the area of village Basti Bute Wali. As the police party reached in the area of village Kakuwala, petitioner was found operating working still. He was apprehended. The working still was cooled down, and, its component parts including drum boiler and receiver were taken into possession.. Three bottles of illicit liquor and 80 kilograms of lahan were recovered from the possession of the petitioner. After completion of investigation and on receipt of report of Chemical Examiner, the petitioner was challaned, convicted and sentenced, as indicated above.
(3.) Counsel for the parties were heard. On behalf of the petitioner, it was submitted that the petitioner was below 21 years of age at the time of commission of alleged offence and as such he was entitled to be released on probation for good conduct. On the other hand, it was submitted on behalf of the State that since minimum sentence of imprisonment has been prescribed for commission of offence under Section 61(l)(c) of Punjab Excise Act, no probation may be granted to the petitioner as the offence of illicit distillation is hazardous for the public health and, the petitioner was mainly motivated in indulging in illicit distillation because cf greed of money.;