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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Jeet Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
1. This revision petition has been preferred against the judgment dated 14.09.2006 passed by learned Additional Sessions Judge, Bathinda vide which, judgment of conviction and order on quantum of sentence dated 12/16.05.2006 passed by learned Sub Divisional Judicial Magistrate, Talwandi Sabo have been upheld, in case stemming from FIR No.110 dated 23.08.2000 registered under Sections 61 (i)(c) of Punjab Excise Act at Police Station Raman.
2. The petitioner was sentenced as under:
Offence under Section(s) | Sentence |
61 (i)(c) of Punjab Excise Act | RI for one year and a fine of Rs.5,000/- and in default of payment of fine to further undergo RI for 03 months. |
3. The brief facts of the case are that on 23.08.2000, when a police party headed by ASI Darshan Singh was present at bus stop Seikhu in connection with excise raid, HC Babu Singh received a secret information that Jeet Singh s/o Bhura Singh resident of Seikhu was involved in distilling illicit liquor and in case, a raid is conducted at his residence, he could be caught red handed. Thereafter, a raid was conducted, and the accused was found present in the kitchen of his house while operating worki
The court confirms conviction while granting probation, emphasizing rehabilitation over punishment for first-time offenders.
The court upheld the conviction while reducing the sentence to time served, emphasizing judicial discretion and proportionality in sentencing, especially where no minimum punishment is prescribed.
The court established that in cases of lengthy trials, the sentence may be adjusted to the time already served, even while upholding the conviction.
The court modified the sentence for possession of illicit liquor to the time already served, emphasizing the right to a speedy trial and considering the petitioner's hardships.
The central legal point established in the judgment is the interpretation of the word 'expedient' in releasing the convicted person on probation of good conduct under Section 3 of the Probation of Of....
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