JUDGMENT : Sureshwar Thakur, J. The learned trial Court convicted the accused, for, commission, of, an offence, punishable under Section 61(1)(a) of the Punjab Excise Act, as, applicable to the stage of H.P., and, thereupon sentenced him to undergo simple imprisonment for six months, and, also sentenced him, to pay a fine, comprised in a sum of Rs. 5000/-. 2. The aggrieved therefrom convict preferred, an, appeal, hence there against, before the learned Additional Sessions Judge-II, Kangra at Dharamshala, and, the latter Court affirmed the verdict, of, conviction, and, consequent therewith sentence imposed, upon, the convict. Consequently, the petitioner is aggrieved therefrom, and, has there against preferred, the, instant criminal revision petition, before this Court. 3. The accused was found holding possession, of, 60 bottles of country liquor, hence carrying the nomenclature, of, "Lal Quila", rather without any license or permit, and, hence the accused was charged, for, commission of an offence, punishable, under, Section 61(1)(a) of the Punjab Excise Act, (i) and the afore consequent therewith sentence(s), stood imposed, upon him. Since, the accused/convict pleaded guilty, vis-a-vis, the charge, hence, his onslaught, as, reared before the learned first Appellate Court, was confined only, vis-a-vis, the severity, of, the afore sentence(s), as stood imposed upon him, (ii) and also a contention was reared, through, his counsel, before the learned first appellate Court, that, since he was a first offender, hence the benefit, of, the probation of offenders Act, becoming accordable to him. However, both the afore reared addresses, before the learned first appellate Court, stood declined, and hence, the convict has reared there against, the, instant petition before this Court. 4. Be that as it may, this Court would hence obviously, not delve, into the merits of the concurrent findings, of, conviction, recorded against the convict, for, his committing, an, offence punishable under Section 61(1)(a) of the Punjab Excise Act, (i) rather this Court would confine itself, to test, the validity, of, the submission addressed earlier before the learned first appellate Court, and, now before this Court, as appertaining, vis-a-vis, the afore declining(s), to him, being un-merit worthy.
However, for, the reasons to be assigned hereinafter, this Court, affirms the concurrent verdicts, of, conviction, and, also affirms, the, consequent therewith, imposition upon him, vis-a-vis the afore sentences, given the cache of illicitly transported liquor, hence , entailing, rather within the ambit of Section 61(1), of, the Punjab Excise Act, 1914, as, applicable to the State of H.P., provisions whereof stand extracted hereinafter: "61(1) Penalty for unlawful import, export, transport, manufacture, possession, ect- whoever, in contravention of any section of this Act or of any rule, notification issued or given thereunder or order made, or of any license, permit or pass granted under this Act,- (a)Imports, exports, transports, manufactures, collects or possesses any [intoxicants]; or (b) Constructs or works any distillery or brewery; or (c) Uses, keeps or has in his possession any materials, still, utensils, implement or apparatus whatsoever, for the purpose of manufacturing any [intoxicant] other than tari; shall be punishable for every such offence with imprisonment for a term which may extend to [three] years and with fine which may extend to [two lakh of rupees]" hence imposition, upon him, of, a sentence of imprisonment, extending upto three years, and, also entailing, upon, the learned Courts below, to, also impose, upon, him, a sentence of fine, extending upto Rs.2 lacs. Since clause(c) of Section 61, of, the Punjab Excise Act, as applicable, to, the State of H.P., does not cast, any mandatory injunction, upon, the learned Courts below, to, preemptorily impose, the, afore quantum, of, sentence, of, imprisonment, and also the afore quantum, of, sentence of fine, rather, in, its fullest range, (i) as the words, "may" extend, as, occurs prior, to, the statutory necessity, of imposition, of, sentence, of imprisonment, and, also prior, to, the statutory necessity, of, imposition, of, sentence of fine, hence upon the convict, does purvey leverage, to, the learned Courts below, to, in their discretion, rather in a quantum, lesser than the afore fullest quantum, of, the statutory term, of, imprisonment, and, of fine, rather impose, upon the convict, hence, the apt statutory sentence(s).
Since both the learned Courts below concurrently, hence, on a proper appraisal, of, the apt clause (c), of, Section 61 of the Punjab Excise Act, have, within the limits, of, their respective sentencing jurisdiction(s), rather imposed upon, the convict, the, sentence, of, imprisonment, and, of fine, hence, this Court deems it not fit, to, interfere with the verdicts, as, are concurrently recorded by both, the, learned Courts below. 5. Furthermore, given the size of the cache, of, liquor, seized from the conscious and exclusive possession, of, the accused, thereupon this Court also does not deem, it fit, and appropriate to accord, the, benefit of probation, of, offenders Act, to, the convict. 6. Consequently, there is no merit in the petition, and the, same is dismissed. The concurrently recorded verdicts of the learned courts below are affirmed and maintained. The records be sent down forthwith. All the pending application(s), if any, are also disposed of. No costs.