S.K. Mal Lodha, J. - (1.) Perused the order dated November 13, 1980 of the learned Sessions Judge, Balotra and the order dated September 26, 1980 of the learned Judicial Magistrate 1st Class, Barmer.
(2.) Learned counsel for the petitioner has already undergone imprisonment for 7 days. The petitioner has been convicted under section 4 (2) of the Rajasthan Prohibition Act (No. 17, of 1969) hereinafter referred to as 'the Act'). He was convicted on a plea of guilt as he was found in possession of one bottle of Rum (liquor).
(3.) Learned counsel appearing for the petitioner contends that though the j offence under section 4 (2) of the Act is punishable with two years imprisonment and with fine which may extend to two thousand rupees and with the minimum of six months imprisonment and of fine of not less than two hundred rupees but still it does not exclude the applicability of the provisions of S. 360 Cr.P.C or Probation of Offenders Act, (No. 20 of 1958) (here referred to as 'the Act of 1958'). The accused petitioner was found in possession of one bottle of Rum (liquor). The learned Judicial Magistrate refused to extend the benefit of section 360 Cr. P.C. or of the provisions of the Act of 1959 to the petitioner on the ground that it would not be proper to extend the benefit in regard to social crimes.;