KAKKA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Public Prosecutor.

(2.) The case of the prosecution is that a search was made on 7th June, 1973 in the house of the accused petitioner by the Excise Inspector, Khairthal Shri Navratanmal Kankriya and that as as result of the said search illicit liquor was recovered and that the said liquor on examination by the Central Public Analyst was found to contain alcohol.

(3.) Shri Rastogi, learned counsel for the petitioner has not challenged the conviction under section 16/54 of the Rajasthan Excise Act, 1954, and he confined his submissions on the question of sentence. Shri Rastogi has submitted that the accused petitioner has not been previously convicted in respect of the said offence and that he is a young man of 32 pears and that it is a fit case in which the benefit of provisions of Sec. 360 Crimial P.C. should have been given to the accused petitioner. In support of his submission Shri Rastogi has placed reliance on a decision of this court in Hazari Vs. State of Rajasthan 1978 RCC 224.