1. Harnam Singh was convicted under Section 61 (1) (c) of the Punjab Excise Act by the trial Magistrate and sentenced to one years rigorous imprisonment and a fine of Rs. 2000.00 , in default to further undergo rigorous imprisonment for six months. Appeal filed by him was dismissed by the learned Sessions Judge, Ferozepore in toto. Feeling aggrived he has preferred this revision petition.

2. The conviction of Harnam Singh based on concurrent finding of the two Courts below that he was caught distilling illicit liquor in the kitchen of his house in village Matter Uttar, is unassailable. His learned counsel then urged that Section 360 of the Code of Criminal Procedure, 1973 provides for the release on probation of good conduct of a person, who is not under twenty-one years of age, when the offence is punishable with imprisonment for a term of seven years or less. For the commission of offence in question maximum punishment provided by the Punjab Excise Act is three years rigorous imprisonment and a fine of Rupees 2000.00 . Hence, the Court could have dealt with the case under Sec. 360 of the Code.

3. Reliance was next placed on the provisions of Section 361 of the Code, layin