Total Pageviews

Tuesday, March 16, 2010

Probation--Distilling illicit liquor--Because of supply of spurious liquor

2010(1) LAW HERALD (P&H) 436
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice T.P.S. Mann
Criminal Revision No.2332 of 2002
Gurtej Singh
v.
State of Punjab
{Decided on 25/01/2010}
For the Petitioner: Mr. Kashmir Singh, Advocate for Mr. K.K. Garg, Advocate.
For the Respondent: Mr. P.S. Grewal, Assistant Advocate General, Punjab.
IMPORTANT POINT
Probation--Distilling illicit liquor--Because of supply of spurious liquor, some tragedies have taken place, but that is no ground to deny the benefit of probation to a convict, who had been held liable for distilling illicit liquor for the first time.
(A) Criminal Procedure Code, 1973, S.360, 361 & 401--Punjab Excise Act, 1914, S.61(1)--Probation of Offenders Act, 1956, S.4 & 6--Distilling illicit liquor--Release on probation--Petitioner undergone substantive sentence of three years--He is not shown to be pervious convict--He has been facing agony of criminal prosecution since 1998--Petitioner can be given a chance to reform himself instead of remaining under the stigma of conviction throughout his remaining life--Petitioner can, therefore, be granted the benefit of probation in lieu of the sentence imposed upon him. (P. 7)
(B) Punjab Excise Act, 1914, S.61(1)--Probation of Offenders Act, 1956, S.4 & 6--Distilling illicit liquor--Release on probation--Because of supply of spurious liquor, some tragedies have taken place, but that is no ground to deny the benefit of probation to a convict, who had been held liable for distilling illicit liquor for the first time--One of the purposes of punishment is to enable the similarly situated accused to try to bring themselves back into the mainstream by adopting righteous path in life, instead of being condemned for all times to come. (P.6)