MALU KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been directed against the judgment passed by the learned Additional Sessions Judge, Churu, dated 21-4-77 by which he affirmed the conviction and sentence awarded to the petitioner under Sec. 4 (2) of the Rajasthan Prohibition Act, 1969, by the learned Judicial Magistrate, Ratangarh dated 4-9-76. The sentence awarded to the petitioner was one year's rigorous imprisonment and a fine of Rs. 1000.00 in default to undergo three months simple imprisonment.

(2.) At the commencement of the argument, Mr. S.R. Singhi learned counsel for the petitioner submitted that he does not went to press the appeal on merits but prays that having regard to the circumstances of the case, that is, the case relating to the year 1975 when the proviso to Sec. 4(2) was not in existence and the small 'quantity of the liquor alleged to have been recovered, a lenient view may be taken. The learned Public Prosecutor does not contest this prayer.

(3.) Having gone through the file, I also find it a fit case in which a lenient view is warranted. The case relates to the year 1975 and it took about two years in the trial and the appellate proceedings. The petitioner had remained in custody for the period of one week. The alleged recovery of liquor is said to be five bottles. Taking into consideration all these facts and circumstances, lam of the opinion that lends of justice would meet if the substantive sentence awarded to the petitioner is reduced to the period he had remained in custody. The amount of fine also appears to be heavy in view of the facts and circumstances of the case.