PRITAMSINGH Vs. STATE

JUDGEMENT

(1.) Heard.

(2.) The accused petitioner was found in possession of two pitchers of fermented wash. He was also found in possession of one Kanistar and one 'Tagra. The learned trial Court after recording the evidence, came to the conclusion that as the sample has been taken from one pitcher only therefore, it will be deemed that the accused was in possession of only one pitcher of fermented wash. The accused has been held guilty of the offence under section 16 r/w Sec. 54-D of the Rajasthan Excise Act. It is alleged that he is in custody since 28.7.87 and the occurrence took place on 3.5.88.

(3.) Mr. Garg appearing for the accused petitioner has submitted that he does not challenge the conviction of the accused petitioner but submits that in such cases where the occurrence has taken place in the year 1982 and this being his first offence, he be given benefit of Probation of Offenders Act.