DOONGAR RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED Doongar Ram was convicted under Section 4(2) of the Rajasthan Prohibition Act, 1969 (hereinafter to be teferred as 'the Act') and was sentenced to one year's rigorous imprisonment with a fine of Rs. 1,000/ - in default of the payment of fine to further undergo four months like imprisonment by the learned Munsif and Judicial Magistrate, Bhinmal vide his judgment dated 15 -6 -78. The accused went in appeal, which was heard by the learned Sessions Judge, Jalore. His appeal was partly allowed. His conviction was maintained, but the sentence of imprisonment was reduced to six months from that of one year and the fine of Rs. 1,000/ - was reduced to that of Rs. 200/ -. The accused has come up in revision.

(2.) BRIEFLY stated, the prosecution case is that in the noon of 12 -11 -76, the accused was found coming on foot by PW. 7 Madanlal, the then S.H.O., police station, Bhinmal. The accused was carrying two 'Zarikens' wrapped in a cloth. He was detained and the 'Zarikens' were seized in the presence of Motbirs. When the 'Zarikens' were opened, each was found containing illicit liquor. The sample of liquor was taken from each of the two 'Zarikens' and were sealed. A case was registered against the accused. The samples were sent to the State Forensic Science Laboratory, Jaipur for chemical examination. Both the samples were found to be liquor. On the completion of investigation, the police presented a challan against the accused, which led to his trial and prosecution.

(3.) ADMITTEDLY , the total quantity of illicit liquor found in the possession of the accused was nearly 10 bottles. No previous conviction stands at the discredit of the accused. The courts below did not record reasons under Section 361. Cr. P.C. for not extending the benefit of probation to the accused. The Rajasthan Prohibition Act, 1969 has lost its life and is now a dead law. In these circumstances, it would not be improper to extend the benefit of probation of good conduct to the accused.