JUDGMENT 1. - The accused Tamu Ram, who has been convicted of the offence under section 4(2) of the Rajasthan Prohibition Act for having in possession of half bottle of liquor, has filed this revision petition. 2. No one has appeared on behalf of the petitioner. I have perused the judgment of both the courts and the record of the case. 3. I do not find any infirmity in the prosecution evidence. I am also of the opinion that it is well proved on the record that the accused was having possession of one bottle, in which half of the bottle was containing liquor and this was an offence under Section 4(2); of the Rajasthan Prohibition Act. This offence was committed on 19th April, 1977 when the Prohibition Act was in force in Rajasthan. 4. The accused was convicted as mentioned above and sentenced to six months simple imprisonment and a fine of Rs. 100/-. Since then the Prohibition Act has been repealed and prohibition has been scrapped in Rajasthan as admitted by the learned Public Prosecutor. Though I do not find any reason for acquitting the accused and whether I should reduce the sentence as the minimum sentence is six months but in view of the fact that prohibition has been scrapped and the accused was found in possession of only half bottle of liquor in his Dhani in Jaisalmer district, I am of the opinion that in the changed circumstances, the accused deserves to be released under section 4 of the Probation of Offenders Act. Undoubtedly there is no previous conviction alleged against the accused and looking to the fact and circumstances of the case and the important circumstance in particular that the Prohibition Act has been repealed and the accused was having possession of only half bottle of liquor in a remote dhani of Jaisalmer district, I am of the opinion that instead of sending him to Jail, he should be kept on probation. 5. This revision petition is, therefore, accepted to the limited extent. The conviction and sentence of the accused is upheld but instead of undergoing the sentence, he would kept on probation for a period of one year from the date of executing the bail bond and the personal bond. The petitioner shall submit one surety of Rs. 5. This revision petition is, therefore, accepted to the limited extent. The conviction and sentence of the accused is upheld but instead of undergoing the sentence, he would kept on probation for a period of one year from the date of executing the bail bond and the personal bond. The petitioner shall submit one surety of Rs. 2,000/- and a personal bond of the equal amount on the satisfaction of the Chief Judicial Magistrate, Jaisalmer to keep peace and be of good behaviour for this period and to attend that court or undergo sentence in violation of that. These bonds would be submitted within a period of three months from today failing which the trial court should take steps for the arrest of the accused to undergo the sentence. It is made clear that even after his arrest, if he submits the bail bond and the personal bond and as mentioned above, then he should be kept on probation as per the above directions. 6. This revision petition is partly accepted as indicated above.Revision partly allowed. *******