PURAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ONE Puran has been filed this revision petition from Jail.

(2.) THE facts of this case are that on the information received by the Excise and Prohibition Inspector, he raided the house of the petitioner on 23-9-80 and took search of his house. THE accused petitioner was present in the house during the search, 7 bottles of illicit liquor were found. THE sample was taken from this liquor and sent to Chemical Examiner which was found to be illicit. After investigation a challan under Sec. 4 (2) of the Rajasthan Prohibition Act was submitted before the Munsif and Judicial Magistrate Neemka-thana. THE learned Magistrate after trial found the accused petitioner guilty of the offence alleged and convicted him to six months R. l. and a fine of Rs. 200/ -. In default of payments of fine the accused to undergo further imprisonment for two months. Against this order of the conviction and sentence the accused person filed an appeal before the learned Sessions Judge, Sikar who while rejecting the appeal maintained the conviction of the accused petitioner. Now, the petitioner, has come before this Court under revision against the order of the learned Sessions Judge Sikar.

(3.) RELYING on this case it was argued that the case before the learned Hon'ble Delhi High Court was of a serious nature than the present case. There also it has been observed that it was mandatory for Court under Section 361 to record in its judgment that the special reason for not releasing offender on probation of good conduct. The lower Court has not given any reason for not extending this benefit to the accused. Hence, it has been prayed that the accused be released on the sentence already undergone.