JUDGMENT 1. - This revision petition was only admitted on the point of sentence. The learned Sessions Judge Dungarpur affirmed the conviction of the accused petitioner under section 4(2) of the Rajasthan Prohibition Act, 1969, (for short the Act hereinafter) and the sentence of nine months' rigorous imprisonment and to pay a fine of Rs. 1000/- or in default to further suffer six months' simple imprisonment. 2. The accused petitioner used to run a restaurant (Phool Kanwar Tata Restaurant) in Dungarpur. On 23rd of February, 1972, Excise Inspector Ratansingh PW 3 on receipt of an information that the accused was in possession of illicit liquor in his shop reduced into writing his belief as required under section 39 of the Act, took the search of the restaurant of the accused petitioner and about 100ML of illicit liquor was found in a glass which was lying on the table and 4 bottles of illicit liquor were found in a jeriken which was recovered from an almirah Samples were taken and were sent to the Public Analyst who on examination found that they were liquor. That the accused was tried by the learned Additional Munsif and Judicial Magistrate Dungarpur and was convicted and sentenced as aforesaid. His conviction and sentence were affirmed by the learned Sessions Judge Dungarpur. 3. The contention of the learned Advocate for the accused petitioner is that the offence took place in the year 1972 when proviso to subsection (2) of the section 4 of the Act was not added. Under the law as it stood then the offence under section 4(2) of the Act was punishable with two years' rigorous imprisonment of either description or with fine or with both. He submits that the accused has already undergone a sentence of about a month. The occurrence took place in the year 1972 and the accused has now left the business of restaurant. He, therefore, submits that it will be too harsh for the accused if now sentenced to undergo any more sentence. 4. I am of the opinion that looking to the quantity of the liquor recovered from the accused, the fact that the occurrence took place about 9 years ago and the offence is such which is punishable with imprisonment or fine, ends of justice shall be met if the accused is sentenced to imprisonment already undergone. 5. In the result, the revision petition partly succeeds. 5. In the result, the revision petition partly succeeds. While maintaining the conviction of the accused petitioner under section 4(2) of the Act, the accused is sentenced to a sentence of imprisonment already undergone.Revision partly allowed. *******