JUDGMENT 1. - Heard the learned counsel for the petitioners. 2. It is a criminal revision petition against the judgment of the learned Sessions Judge, Pratapgarh (Camp Chittorgarh), upholding the conviction of the accused-petitioners under section 16/54 of the Rajasthan Excise Act, 1954 and reducing his sentence to two month's rigorous imprisonment and to pay a fine of Rs. 500/- or in default to further suffer two months' rigorous imprisonment. 3. I have gone through the record of the case. This is finding of fact recorded by the court below that three earthen pitchers of wash were recovered from the possession of the accused which on analysis were found to be liquor. No case for interference on merits is made out. 4. It is contended by the learned counsel that an offence under section 54 (a) of the Act was punishable with imprisonment upto 2 years' and a fine which may extended to Rs. 2,000/-. Therefore, is such an offence which can be dealt with under S. 360, Code of Criminal Procedure, or under the provisions of the Probation of Offenders Act, 1958 (hereinafter referred to as 'the act of 1958'). 5. No doubt the offence is such which can be dealt with either under section 360, Cr. P.C. or under the provisions of the Act of 1958, but all that is required by virtue of section 361, Cr. P. C. is that in such a case the court should consider as to whether the case of the accused should be so dealt with or not. In case the court considers that the case should not be so dealt with, the court should give special reasons in its judgment. Whether or not the benefit of the Probation of Offenders Act should be given will depend on the facts of each case. In the instant case the accused was found in possession of three pitchers of wash and looking to the quantity involved and the fact that it is common knowledge that, by consuming illicit liquor death may also take place, it does not appear to be in the interest of justice to extend the benefit of section 360, Cr. P. C. or of the provisions of the Act of 1958 to the accused petitioners and these may be, taken to be special reasons as required under section 361, Cr. P. C. or of the provisions of the Act of 1958 to the accused petitioners and these may be, taken to be special reasons as required under section 361, Cr. P. C. But the case is going on for the last 8 years, and, therefore, it will meet the ends of justice if the sentence awarded is still reduced. 6. In the result, the revision petition is dismissed on merits, but the sentence is modified and the accused is sentence to undergo one months rigorous imprisonment and to pay a fine of Rs. 100/- (Rs. one hundred only), or in default to suffer 15 day's simple imprisonment.Revision dismissed/sentence reduced. *******