Rajasthan High Court - Jaipur
Matu Singh S/O Bhopal Singh vs State Of Rajasthan on 13 February, 1987
Equivalent citations: 1987(1)WLN658
JUDGMENT G.K. Sharma, J.
1. With the consent of both the learned Counsel, the revision petition is disposed of at this stage. The petitioner was challaned Under Section 54 of the Rajasthan Excise Act on 27-10-78. The house of the petitioner was raided by the Excise Inspector on 13-9-1978 and it was found that the petitioner was working on a workable still and exracting liquor. Half bottle of the liquor was found along with wash. The Excise Inspector seized the implements for extracting liquor, wash and half bottle of the liquor.
2. The learned Magistrate after concluding trial found the petitioner guilty of the offence under Section 54 of the Rajasthan Excise Act on 28-6-1983 and convicted and sentenced him to 6 months' simple imprisonment. An appeal was preferred which was dismissed by the learned Sessions Judge, Jhunjhunu on 4-2-1987.
3. Shri Dhankad did not argue the case on the merit but he argued on the sentence only. According to him the incident took place in the year 1978 and during trial the accused-petitioner was on bail. Even after conviction he was released on bail. According to him he had already been in jail for 10 days. The argument is that this is the first offence of the petitioner & looking to the facts that it relates to the year 1978, he prayed that the petitioner be given benefit of releasing him on probation under Section 360, Cr. P.C.
4. The learned Public Prosecutor argued that a workable still was found where the petitioner was extracting illicit liquor and half bottle of liquor was also seized from his possession, so no lenient view be taken. One fact is also brought to my notice that the wash which was seized from the spot was not sent to Chemical Examiner. On merit nothing has been argued by, Shri Dhankad but keeping in view all these circumstances and the fact that this is the first offence of the offender and that the incident relates to the year 1978 and it would not be justified to send back the petitioner to jail to under go the sentence awarded to him after such a long period, I feel it in the interest of justice to grant benefit of releasing the petitioner on probation.
5. The revision petition is, therefore, partly accepted. The conviction of the petitioner under Section 54 of the Excise Act is maintained. But instead of sentencing him he is given benefit of being release on probation under Section 360, Cr. P.C.
6. It is, therefore, ordered that the petitioner be released on probation on furnishing personal bond of Rs. 4,000/- with two sureties of Rs. 2000/-each to the satisfaction of the trial Court for keeping good behaviour for a period of two years. In case he repeats this offence during the period of two years, he be taken into custody for undergoing the sentence awarded to him by the lower Courts.