PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition u/s. 397 read with Sec. 401 Cr. P.C. is directed against the ORDER dated May 5, 1993 of AddI. District and Sessions Judge, Behror in Cr. Appeal No. 112192 (32/86), whereby the conviction and sentence passed against the petitioner u/s. 16/54 of the Rajasthan Excise Act were maintained.

(2.) I need not give the facts in detail, as the only prayer made by the learned counsel for the petitioner is that taking into consideration all the facts and circumstances of the case, the petitioner should be given the benefit of probation. The learned counsel submits that 70 bottles of illicit liquor were recovered from the possession of the petitioner, as per the prosecution case, on 29/1/1984. i.e., more than 9 years ago. He further submits that the learned courts below have not considered as to why probation be not given to the petitioner. He also pointed out a number of ORDERs in which the accused have been given the benefit of probation even in cases where illicit liquor has been recover. He further submits that the petitioner has already remained in jail for 15 days.

(3.) Taking into consideration all the facts and circumstances of the case, including the nature of the offence and the character of the offender: It is expedient to release him on probation of good conduct