BALDEO SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision was admitted on a limited question as to whether the benefit of the probation should be extended to the accused-petitioner under the Probation of Offenders Act, 1958. The undisputed facts are that 50 bottles of illicit liquor were found in possession of the accused on 4. 8. 1981. . He was convicted by the trial court under sec. 4. (2) of the Rajasthan Prohibition Act, 1969 and sentenced to two years' rigorous imprisonment. The accused went in appeal which was heard and decided by the Additional Sessions Judge No. 1, Sri Ganganagar. He partly allowed the appeal, maintained the conviction but reduced the sentence from two years to six months. The accused has approached this Court.

(2.) IT was argued by Mr. Garg that the offence was committed on 4. 8. 1981 and the Rajasthan Prohibition Act, 1969 was repealed on 11. 8. 1981. He has relied upon several decisions of this Court in which the benefits of probation was extended to the accused found guilty of offence u/s. 4 (2) of the Rajasthan Prohibition Act, 1969.