BHANWARA Vs. STATE

JUDGEMENT

(1.) THIS revision petition is presented against the judgment of Sessions Judge, Balotra dated July 12, 1979 upholding the conviction and sentence under s. 4 (1) (a) of the Rajasthan Prohibition Act and sentencing the petitioner to undergo six months imprisonment and a fine of Rs. 200/ - and in default to undergo one months simple imprisonment awarded by the Additional Munsif and Judicial Magistrate First Class Barmer in criminal case No. 209/77 dated September 26, 1978.

(2.) THE charge against the accused -petitioner was that at the time when the Excise Inspector Shri Laxmichand searched the house of the accused - petitioner on suspicion, but nothing was found inside the house, but in the Bada occupied by the petitioner, one earthen pitcher containing wash was found burnt. From that pitcher, two bottles of wash were taken and sent for chemical examination. The report of the Chemical Examiner was positive. Therefore, the petitioner was prosecuted and convicted as aforesaid after being charged and tried by the Additional Munsif and Judicial Magistrate, Barmer. Appeal against this order of conviction was also filed but without any success.

(3.) IN view of the concurrent findings of the two courts below, Mr. Singhvi, the learned counsel appearing for the accused - petitioner did not challenge the conviction of the accused -petitioner. He only submitted that looking to the age and status of the accused -petitioner, he should be given the benefit of Probation of the Offenders Act. It was further submitted by the learned counsel that there is nothing on the record to show that the accused -petitioner has been previously convicted. He further submitted that the Rajasthan Prohibition Act, 1969 has been repealed and is now a dead law The offence is said to have been committed in the year 1976. It will not be just and proper to send the accused in Jail for undergoing the sentence. On these grounds also, the learned counsel submitted that the benefit of Probation of Offenders Act should also be given to the accused -petitioner.