JUDGMENT 1. - Accused Rustam was convicted under Section 4 (2) of the Rajasthan Prohibition Act, 1969 (here in after to be referred to as the Act) and sentenced to six months' rigorous imprisonment with a fine of Rs. 200/-, in default to further undergo one month's like imprisonment by the learned Munsif and Judicial Magistrate, Churu vide his judgment dated 26-7-1983. He went in appeal but the same was dismissed by the learned Sessions Judge, Churu vide his order dated 27-10-1983. He has, now, come up in revision before this Court. 2. Briefly stated, the prosecution case is that the accused was found in possession of 10 litres of illicit liquor by the Preventive Inspector, Churu on 30-12-78 while he was going on a bicycle. On trial, the learned Magistrate held the offence duly proved against the accused petitioner. 3. In view of the overwhelming evidence and the concurrent findings of the two courts below, the learned counsel appearing for the accused petitioner did not challenge his conviction. The only submission made by him is that the benefit of the probation of good conduct be extended to the accused under section 360 of the Code of Criminal Procedure. In reply, the learned Public Prosecutor submitted that the offence was anti-social and as such the benefit of probation of good conduct should not be extended to the accused. 4. I have taken the respective submission into consideration. No previous conviction stands at the discredit of the accused petitioner. Only 10 litres of illicit liquor was found in his possession. In these circumstances, it would not be improper to release the accused under section 360 of the Code of Criminal Procedure on probation of good conduct. 5. The revision of accused Rustam is partly allowed. His conviction under f section 4 (2) of the Rajasthan Prohibition Act is maintained but the sentences awarded to him are set-aside. Instead of sentencing him to any punishment, it is hereby I directed that he may he released on his entering into a bond in a sum of Rs 3000/-together with one surety in the like amount to the satisfaction of the learned Munsif & Judicial Magistrate, Churu to appear and receive sentence when called upon during a period of two years and in the meantime to keep the peace and be of good behaviour.
Learned Munsif Magistrate is directed to release the accused as soon as the I aforesaid bonds are submitted before him.Revision partly conduct. *******