BHEEVSINGH Vs. STATE

JUDGEMENT

(1.) This is a jail revision filed by the accused petitioner Bheev Singh , against the appellate judgment of the learned Sessions Judge, Churu dated 11.9.87 whereby the learned first appellate Court while maintaining the conviction of the accused petitioner under section 4 (2) of the Prohibition Act recorded by the learned C.J.M. Churu Camp Ratangarh has reduced his sentence from 9 months R.I. together with a fine of Rs. 200.00 to 6 months R.I. together with a tine of Rs. 200.00. The prohibition Act has now been revised.

(2.) Mr. Oza submits that there is no previous conviction recorded against the accused. It is his first offence and he was faced trial from 1980 end. Therefore, a lenient view may be taken as regards sentence. He has not challenged the conviction of the accused.

(3.) I have gone through the judgment of the learned First Appellate Court 1 find that the learned First Appellate Court has rightly upheld the conviction of the accused petitioner under section 4 (2) of the Rajasthan Prohibition Act. The accused was extracting liquor from working still and was found in possession of more than 19 bottles of illicit liquor. It is strange how he has not been charged with the offences mentioned in the Excise Act. Be that as it may, the accused has already remained in custody for a period of 4 months and 29 days.