RUSTAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused Rustam was convicted under Sec. 4 (2) of the Rajasthan Prohibition Act, 1969 (here in after to be referred to as the Act) and sentenced to six months' rigorous imprisonment with a fine of Rs. 200.00, in default to further undergo one month's like imprisonment by the learned Munsif and Judicial Magistrate, Churu vide his judgment dated 26-7-1983. He went in appeal but the same was dismissed by the learned Sessions Judge, Churu vide his order dated 27-10-1983. He has, now, come up in revision before this Court.

(2.) Briefly stated, the prosecution case is that the accused was found in possession of 10 litres of illicit liquor by the Preventive Inspector, Churu on 30-12-78 while he was going on a bicycle. On trial, the learned Magistrate held the offence duly proved against the accused petitioner.

(3.) In view of the overwhelming evidence and the concurrent findings of the two courts below, the learned counsel appearing for the accused petitioner did not challenge his conviction. The only submission made by him is that the benefit of the probation of good conduct be extended to the accused under section 360 of the Code of Criminal Procedure. In reply, the learned Public Prosecutor submitted that the offence was anti-social and as such the benefit of probation of good conduct should not be extended to the accused.