S.S.SANDHAWALIA, J.

1. Whether the prescription of a minimum sentence of imprisonment in S. 61 (1) (c) of the Punjab Excise Act, 1914 would operate as an absolute bar against the application of Sections 360 and 361 of the Criminal Procedure Code, 1973 or of Sections 4 and 6 of the Probation of Offenders Act, 1958 ?- is the somewhat meaningful question which is before the Full Bench in two references, which would be disposed of by this judgment.

2. It is manifest from the above that the question here is pristinely legal and the individual facts of the two cases before us would be of no great relevance. It would, therefore, suffice to mention that in Joginder Singhs case, the petitioner was convicted under Sec. 61 (1) (c) of the Punjab Excise Act, 1914 for having been found in possession of a working still and sentenceed to the statutory minimum sentence of one years rigorous imprisonment and a fine of Rs. 1000.00 . On appeal, the learned Sessions Judge upheld the conviction and the sentence. Apparently finding no substance on the merits of the case, the admission of the revision petition was expressly confined to the issue of sentence only by the learned Judge admitting the