JUDGMENT 1. - The petitioner Kajod, who is serving a sentence of imprisonment in District Jailm, Kota has submitted this application under Section 397 Cr. P.C. The brief facts of the case are that Shri Kalyan Mal, Alladin and Kajod Mal, while patrolling, intercepted accused Kajod and found 3 bottles of illicit liquor in his possession. A case was registered in Police-Station. Bundi on 24-3-79 and after investigation the petitioner was challenged under Sec. 4(2) of the Prohibition Act, 1969. A sample of the liquor was sent for exam nation to the State Forensic Science Laboratory Rajasthan, Jaipur and according to the result of examination the liquid sample was found to be of liquor having 69.44 under proof Etyle Alcohol. The accused in his explanation under Section 313 Cr. P.C. stated that he was taking the liquor for his own consumption. He was not taking it for sale. He had purchased the liquor for Rs. 10-12/-. He admitted the guilt and did not claim to be tried. 2. On the aforesaid admission of guilt by the accused the learned Magistrate convicted the petitioner under Sec. 4(2) of the Rajasthan Prohibition Act. and sentenced him to 6 months rigorous imprisonment and a fine of Rs. 200/-. Oil appeal the learned Sessions Judge, Bundi by his judgment dated 22-12-80 affirmed the conviction and the sentence. The accused surrendered and was taken into custody on 22-12-80 and since than he is under going the sentence awarded to him. 3. I have heard Smt. Shanta Gupta, and Mr. Sudhir Kumar Tiwari, who have appeared under the Legal Aid Committee, on behalf of the accused petitioner. It is contended by the learned counsel for the petitioner that petitioner is a young man of 30 years of age. He is not a previous convict and according to the admission made by the petitioner he was taking the liquor for his own consumption and not for sale. It is further contended that the petitioner has already remained in jail for a period of about 80 days and in the interest of justice the petitioner should be released on probation of good conduct 4. I have gone through the record and have considered the arguments advanced by the learned counsel for the petitioner. It is further contended that the petitioner has already remained in jail for a period of about 80 days and in the interest of justice the petitioner should be released on probation of good conduct 4. I have gone through the record and have considered the arguments advanced by the learned counsel for the petitioner. From a perusal of the record there is nothing to show that the petitioner is a previous convict or involved in any raket of the trade of licit liquor. He was found in possession of only 3 bottles of liquor costing about Rs. 10-12/-and according to his statement lie was taking it for his own consumption and not for sale. He is a young man of 30 years of age and it is his first offence. He has already served out a sentence of about 80 days. Thus, taking in view the entire facts and circumstances of the case, I feel in the interest of justice that the accused should be granted a benefit of probation. 5. In the result, this petition is allowed. The conviction of the accused petitioner is maintained and he is granted a benefit of probation. The petitioner would be released as soon as the furnishes a personal bond in the sum of Rs. 1060/- together with one surety in the like amount for maintaining peace and be of good behaviour for a period of one year. The petitioner would furnish the requisite personal and surety bonds to the satisfaction of Additional Munsif and Judicial Magistrate, No. 1, Bundi. 6. A Copy of this order should be sent immediately to the accused petitioner Kajor, through the Superintendent, District Jail, Kota.Revision Allowed. *******