JUDGMENT Amar Dutt, J. - Mangat Ram was apprehended by H.C. Resham Singh of Excise Staff, Tanda and Constables Balwinder Singh and Baldev Dutt, who were proceeding towards village Talwandi Daddian on cycles on 10.6.1987 at about 7.45 A.M., carrying a gunny bag on his head. Since his movement, on seeing the police party, became suspicious, he was apprehended and on search he was found to be carrying a gunny bag containing illicit liquor in a plastic can. The samples were taken from the can, which were found to be containing 48 bottles of 750 mls. each and recovery memos regarding the can and gunny bag were prepared. A ruqqa was sent to the police station, on the basis whereof, formal F.I.R.Ex. PB/1 was recorded against the petitioner. After the receipt of report of the Chemical Examiner, Chandigarh, which found the sample to be containing illicit liquor. On completion of the investigation, the challan was put in Court against the petitioner. 2. Charge was framed against the petitioner and he pleaded not guilty to it. The prosecution examined H.C. Resham Singh PW1 and C. Balwinder Singh PW2 and recovery memo Ex. PA and affidavits Ex. PD and Ex.PE of M.H.C. Sarup Singh and C. Kewal Singh were filed. The report of Chemical Examiner Ex. PF was also tendered in evidence. Sub-Divisional Judicial Magistrate, Dasuya, after hearing arguments and perusing the record convicted the petitioner under Section 61(1)(a) of the Punjab Excise Act and sentenced him to undergo R.I. for 6 months and to pay a fine of Rs. 1000/- and in default of payment of fine to undergo R.I. for four months. The appeal against this judgment was dismissed on 7.1.1991 by the Additional Sessions Judge, Hoshiarpur. 3. No one had put in appearance on behalf of the petitioner. With the help of the State counsel, I have gone through the file and am of the view that the concurrent findings recorded by the Courts below do not call for any interference as regards the conviction is concerned. The only point, which remains to be examined is as to whether in view of the fact that the incident took place on 10.6.1987 would it not be appropriate for this Court to vary the sentence in such a manner that after a lapse of more than 15 years the petitioner does not have to be sent back to jail. 4. 4. Lower appellate Court, after considering this aspect of the case, had, in view of the proviso to Sub-section (iii) of Section 61 of the Punjab Excise Act, which reads as under :- "Country liquor manufactured otherwise than in a licensed distillery in Punjab, in a quantity not exceeding ten bottles, each bottle containing 750 milliliters, such imprisonment shall not be less than three months and such fine shall not be less than five hundred rupees; and in a quantity exceeding ten bottles of the aforesaid capacity, such imprisonment shall not be less than six months and such fine shall not be less than one thousand rupees." rightly observed that the minimum sentence, which can be imposed upon the petitioner is six months and a fine of Rs. 1000/-. Since the petitioner was found in possession of 48 bottles of 750 milliliters each, this bar would stand in the way of this Court extending the concession of probation to the petitioner as has been held in the case reported as Pargat Singh alias Pagga v. State of Punjab, 1997(3) RCR(Criminal) 677. 5. For the reasons recorded above, this petition fails and is, accordingly, dismissed. Bail bonds of the petitioner are cancelled and the Chief Judicial Magistrate, Hoshiarpur will take steps to have the petitioner arrested for undergoing the unserved portion of his sentence. Petition dismissed.