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1971 Supreme(P&H) 46

D.S.TEWATIA, A.D.KOSHAL
State Of Haryana – Appellant
Versus
Ramji Lal Devi Sahai – Respondent


Judgment

D.S.TEWATIA, J.

1. The respondents before us were convicted by the Chief Judicial Magistrate, Narnaul, vide his order, dated 27-8-1966, under Section 61(1)(c) of the Punjab Excise Act, 1914 (Act 1 of 1914) for being found working still for the distillation of illicit liquor at their residence, as also under Section 61(1)(a) of the said Act for possession of a bottle of such liquor, but he imposed no punishment on them and released each one of them on probation of good conduct under Section 4(1) of the Probation of Offenders Act, 1958 (Act XX of 1958) against a bond in the sum of Rs. 1,000.00 with one surety in the like amount on the undertaking to keep the peace and be of good behaviour for a period of nine months. The learned Additional Sessions Judge, before whom a revision petition was filed against the said order recommended to this Court the acceptance thereof on the following grounds :-

1. Crime of this nature is on the increase and is not always detected and has to be put down with a strong hand. Distillation of illicit liquor by such persons has been responsible for a huge loss of revenue to the State.

2. No extenuating circumstance had been brought on the record to



























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