HAZARI Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the order of the learned Additional Sessions Judge, Ajmer dated 9th March, 1978, whereby the conviction and sentence of the accused-petitioner to 9 month's rigorous imprisonment and fine of Rs. 200.00 in default thereof to a further rigorous imprisonment for a month was upheld under Sec. 54 (c) of the Rajasthan Excise Act.

(2.) The learned counsel for the accused-petitioner has contended that fee, learned lower Courts have erred in Saw in not extending the benefits of Section, 36ft Crimial P.C. 1973 to the accused-petitioner. It was contended that the-accused-petitioner is a young person of 25 years and is not a previous convict. It was contended that keeping in ideas new trend in criminology the Legislature in its wisdom enacted Sec. 360. Crimial P.C. with a view that an attempt should he made to reform the criminal by not sending him to jail and thus save' him from converting, him - into, a hardened criminal. It was further argued that under Sec. 361, Crimial P.C. 1973 a duty is cast upon the court to state reasons why the benefits under Sec. 360 Crimial P.C. have not been extended. The attention of the Court was also drawn to a decision by the, Supreme Court reported in 1977 Punjab Law Reporter (79) 580 whereby the benefit's of Sec. 360,Cr.P.C. were extended by the Supreme Court, reliance was also placed on State Vs. Rathinavelu, 1973 Cr.L.J. 354 , wherein the benefits' of the provisions of the Probation, of, Offenders Act were extended in spite of the fact that a minimum sentence is prescribed for an offence under Sec. 3 of the Railway Property (Unlawful possession) Act, 1966. The offence in question is alleged to have been committed on 21st Sept., 1978. The maximum, sentence under Sec. 54 of the Rajasthan Excise Act at that time was two vears and fine which may extend to Rs. 2000.00 But if a person is found to be, in possession of a workable still for the manufacture of any excisable article he shall be punished' with the minimum sentence of imprisonment for six months and fine of two hundred rupees. Sec. 54 of Rajasthan Excise Act has undergone an amendment in, 1976 and the sentence of two years imprisonment has been extended to three years.

(3.) It has been contended on behalf, of the accused petitioner that he has already remained in custody for a period of 21 days. The ends of justice would be met if he is enlarged on-probation-under the the provisions of Sec. 360 Crimial P.C.