JUDGMENT 1. - Heard. 2. In this case, the accused on search was found in possession of one drum of formental wash on 24.12.83 at 3.45 P.M. in Chak No. 500 L.N.P. The search was made by Shri Subhash Grower, Excise Inspector. 3. In have gone through the judgment of the learned lower court. The compliance of s. 47, Excise Act has been made in this case. The possession of fomented wash has been proved beyond doubt against the accused from the evidence that has been led in the case. 4. Mr. Garg has however submitted that the occurrence is more than four and half years old. This is the first offence of the accused and he is in custody since 10 6 88. He has, therefore, submitted that the accused-petitioner be granted benefit of Probation of Offenders Act. 5. Mr. Singhvi has submitted that in this part of the State, people indulge in extracting illicit liquor in large number and therefore, the accused deserves no bail. 6. From the evidence on record I am convinced that the accused has rightly been held guilty of the offence under s 16 read with S. 54(d) of the Act. However, looking to the fact that the case is more than four and half years old and only wash has been found in his possession and hence a lenient view may be taken regarding sentence. In the facts & circumstances of the case, I am of the view that ends of justice would be met if the accused is sentenced to the period of his custody and the amount of fine is raised to Rs. 300/- and in default to undergo, 15 days simple imprisonment. 7. In the result, I partially accept this revision and maintain the conviction of the accused-petitioner under S. 16 read with s. 54(d) of the Excise Act, However the sentence of one years rigorous imprisonment together with a fine of Rs. 100/- is reduced to the period of his custody and the amount of fine is raised to Rs. 300/- from Rs. 100/- and in default, to undergo 15 days simple imprisonment.Revision partly allowed. *******