BANTA SINGH Vs. STATE

JUDGEMENT

(1.) On the direction of the Court, Public Prosecutor accepts notice,

(2.) The petitioner has been convicted for the offence u/sec. 54 D of the Rajasthan Excise Act and has been sentenced to one years rigorous imprisonment and to pay a fine of Rs. 100/ - in default of payment of fine to undergo one months rigorous imprisonment.

(3.) Learned counsel for the petitioner did not challenge the conviction of the petitioner. He, however, urged that the petitioner is first offender, so, he it by be given benefit of probation. Learned counsel for the petitioner places reliance on Surjit Singh Vs. State (1986 Cr. L. R. P. 121) .