BANSHILAL Vs. STATE

JUDGEMENT

(1.) The only ground urged by the learned counsel for the accused petitioner in this revision petition is that it was on 24.12.1977. almost above ten years ago that liquor is said to have been recovered from the possession of the accused in a train, therefore, it is a fit case in which this Court should deal with the case of the accused under Section 4 of the Probation of Offenders Act, 1958.

(2.) It was on Raja Pratap Nagar, Railway Station, when train No. 35 UP stopped there the accused was apprehended by Mangilal P.W.2 a constable of Railway Police and was found in possession of rubber tube, which contained the liquor. Samples were taken and on analysis, the accused was found to be in possession of illicit liquor. The learned trial court convicted the accused under his judgment dated 16.8.1930, under Sec. 54 of the Rajasthan Excise Act and sentenced him to minimum sentence, prescribed for the offence and to pay a fine of Rs. 500.00 and in default of payment of fine to further undergo one months simple imprisonment. On appeal, the learned Sessions Judge partly allowed it. While maintaining the conviction of the accused petitioner, he was sentenced three months simple imprisonment and a fine of Rs. 200.00 and in default of payment of fine to suffer one month's simple imprisonment.

(3.) I am of the opinion that no useful purpose will be served in the case of present nature when there is no previous conviction on record against the accused petitioner to send him to jail to undergo the short sentence awarded to him. More so the accused petitioner has already undergone five days imprisonment.