KAUDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE accused-petitioner was prosecuted for the offence under s. 4 (2) of the Raj. Prohibition Act (No. XVII of 1969) (hereinafter referred to as 'the Act') for having been found in possession of one bottle of liquor on November 24, 1978. After trial, he was convicted under s. 4 (2) of the Act and sentenced to six months simple imprisonment and a fine of Rs. 200/-and in default of payment of fine, to further suffer simple imprisonment for one month, by the Additional Judicial Magistrate. THE accused-petitioner lodged an appeal against his conviction and sentence. THE learned Sessions Judge, Dungarpur, by his judgment dated October 5, 1982 confirmed the conviction and sentence and dismissed the appeal. Aggrieved, the accused-petitioner has filed this revision.

(2.) I have heard Mr. D. L. Mehta, learned counsel for the petitioner and Dr. S. S. Bhandawat, learned Public Prosecutor.

(3.) THE result is that the revision petition is allowed in part. THE conviction of the petitioner under s. 4 (2) of the Act is maintained. However, instead of sentencing him, it is ordered that the petitioner shall be released on furnishing a personal bond in the sum of Rs 2,000/- (Rupees two thousand) and one surety in the like amount to the satisfaction of the Additional Judicial Magistrate, First Class. Dungarpur to appear and receive sentence whenever called upon to do so during the period of one year and in the meantime, to keep the peace and be of good behaviour.