RAM SHARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties. The petitioner was convicted for the offence under sec. 4 (2)of the Rajasthan Prohibition Act and sentenced to six month's simple imprisonment and a fine of Rs. 200/- and in default of payment of fine to further undergo one month's simple imprisonment. The order of learned Judicial Magistrate 1 Class Deeg, was confirmed in appeal by the learned Additional Sessions Judge, Deeg. The present revision petition has been filed against that order of the learned Additional Sessions Judge.

(2.) THE learned counsel for the petitioner has not challenged the conviction but has only submitted that the Rajasthan Prohibition Act has been repealed and prohibition has been scrapped, and that therefore, the benefit of the provisions of the Prohibition of Offenders Act, 1958 (hereinafter referred to as "the Act") should be granted to the petitioner. He has relied on a decision of this Court in Koda vs. State of Rajasthan (1) wherein justice G. M. Lodha after referring to several earlier judgments of this Court, has held that unless any Act excludes the applicability of section 360, Cr. P. C. of the Act of 1958, the more fact that the minimum sentence prescribed for the offence is six months or so, is not sufficient to refuse the benefit of the Provisions of the Act of 1958. In all these cases, the Prohibition Act was repealed and the prohibi-tion was scrapped in Rajasthan, and the benefit of the Act was granted to the accused-petitioner.