JUDGMENT 1. - Heard. Perused the judgment dated 10.5.95 passed by the learned Sessions Judge, Jalore, whereby he dismissed the appeal filed by the petitioners and confirmed their conviction for the offence under section. 16/54, Excise Act and the sentence of one year's S.I. and fine of Rs. 200/- imposed on them by the learned CJM, Jalore vide his judgment dated 22.7.92. I have also perused the judgment of the trial court. 2. Mr. Shan, learned counsel for the petitioner, does not challenge the conviction of the petitioners for the offence under section. 16/54, Excise Act. His only contention is that the learned lower courts have not exercised their jurisdiction jodiciously in not granting the benefit of probation to the petitioners. 3. The learned Public Prosecutor has supported the judgment of the learned lower court. 4. The established facts of this case are that on 13.5.85, each one of the petitioners was carrying one bag which consisted of two jerrycans containing forty litres of plain country made liquor for which the petitioners did not have any licence. Thus, from the possession of each of the petitioners, forty litres of illicit liquor was found. The petitioners are facing investigation, trial and then proceeding in the appeal since 13.5.85. They have not been previously convicted under the Excise Act or any other offence. In this case, they have also remained under detention for a period of six days. Therefore, keeping in view all the facts & circumstances of the case as also the cases of Chhotu Ram v. State of Rajasthan, 1989 Cr.L.R. (Raj.) 731 and Sona Singh v. State of Rajasthan, 1990 R.C.C. 596 , feel that it will be just & proper to grant the benefit of probation to the petitioners. 5. Accordingly, this revision petition is partly allowed and while maintaining the conviction of the petitioners for the offence under section. 16/54, Excise Act, instead of sentencing them, it is directed that they be released on probation of good conduct on their entering into a personal bond in the sum of Rs. five thousand with one sound & substantial surety in the like amount separately to the satisfaction of the learned CJM, Jalore to appear & receive the sentence as and when called upon during the period of one year and in the meantime, to keep peace and be of good behaviour.Probation allowed. *******