PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Jeet Singh – Appellant
Versus
State Of Punjab – Respondent
| Table of Content |
|---|
| 1. conviction details and charges under the punjab excise act (Para 1 , 2 , 3 , 4) |
| 2. petitioner's arguments for probation and the family's circumstances (Para 5 , 6 , 7) |
| 3. court’s observations on legal provisions for probation release (Para 8 , 9 , 10 , 11) |
| 4. final decision on probationary relief and conditions (Para 12) |
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
Som Dutt and others Vs. State of Himachal Pradesh
Lakhvir Singh Vs. State of Punjab
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.
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