JUDGMENT 1. - Heard. 2. The accused petitioner was found in possession of two pitchers of fermented wash. He was also found in possession of one Kanistar and one `Tagra. The learned trial Court after recording the evidence, came to the conclusion that as the sample has been taken from one pitcher only therefore, it will be deemed that the accused was in possession of only one pitcher of fermented wash. The accused has been held guilty of the offence under section 16 r/w Section 54-D of the Rajasthan Excise Act. It is alleged that he is in custody since 28.7.87 and the occurrence took place on 3.5.88. 3. Mr. Garg appearing for the accused petitioner has submitted that he does not challenge the conviction of the accused petitioner but submits that in such cases where the occurrence has taken place in the year 1982 and this being his first offence, he be given benefit of Probation of Offenders Act. 4. Mrs. Chandralekha learned P.P. has submitted that the trade in illicit liquor is on increase and it is very serious offence and, therefore, he deserves no sympathy. 5. I have considered the rival submissions made at the bar and have gone through the record of the case. From the evidence on record, it is firmly established that the accused was found in possession of two pitchers of fermented wash but actually he has been found guilty of possession of one piercer of fermented wash because no sample was taken from the other pitcher Be that as it may, the occurrence has taken place on 3.5.82 and it is the first offence of the accused and, therefore, I am inclined to take a compassionate view so far as sentence is concerned. 6. In the facts and circumstances of the case, the ends of justice will be met if the accused is sentenced to the period of his custody and if the amount of fine of Rs. 100/- is raised to Rs. 500/- and in default of payment of this amount of fine, the accused shall further undergo one months S. I. 7. In the result, this revision is partially accepted and the conviction of accused petitioner recorded under section 16 r/w Section 54 (D) of the Raj. Excise Act by the learned Addl. 100/- is raised to Rs. 500/- and in default of payment of this amount of fine, the accused shall further undergo one months S. I. 7. In the result, this revision is partially accepted and the conviction of accused petitioner recorded under section 16 r/w Section 54 (D) of the Raj. Excise Act by the learned Addl. CJM vide his judgment dated 4.6.87 which was upheld by the learned Addl Sessions Judge No. 2, Sriganganagar vide his judgment dated 30.7.88 is hereby maintained but the sentence of one years R.I. is reduced to the period of his custody and the amount of fine of Rs. 100/- is enhanced to Rs. 500/- and in default of payment of this amount of fine, the accused shall further undergo one months simple imprisonment. As soon as the accused deposits the amount of fine he be released from the custody forthwith if he is not wanted in any other case.Revision partly allowed. *******