BHARGAVA, J. - (1.) HEARD learned counsel for the parties. The petitioner was convicted for the offence under sec. 4 (2)of the Rajasthan Prohibition Act and sentenced to six month's simple imprisonment and a fine of Rs. 200/- and in default of payment of fine to further undergo one month's simple imprisonment. The order of learned Judicial Magistrate 1 Class Deeg, was confirmed in appeal by the learned Additional Sessions Judge, Deeg. The present revision petition has been filed against that order of the learned Additional Sessions Judge.
(2.) THE learned counsel for the petitioner has not challenged the conviction but has only submitted that the Rajasthan Prohibition Act has been repealed and prohibition has been scrapped, and that therefore, the benefit of the provisions of the Prohibition of Offenders Act, 1958 (hereinafter referred to as "the Act") should be granted to the petitioner. He has relied on a decision of this Court in Koda vs. State of Rajasthan (1) wherein justice G. M. Lodha after referring to several earlier judgments of this Court, has held that unless any Act excludes the applicability of section 360, Cr. P. C. of the Act of 1958, the more fact that the minimum sentence prescribed for the offence is six months or so, is not sufficient to refuse the benefit of the Provisions of the Act of 1958. In all these cases, the Prohibition Act was repealed and the prohibi-tion was scrapped in Rajasthan, and the benefit of the Act was granted to the accused-petitioner. In the present-case, the prosecution case is that, that prohibition Inspector, Shri Omprakash saw the accused-petitioner going with a 'thaila' ten bottles of illicit liquor were recovered from the said 'thaila' which he was carrying The petitioner is chamar by caste, and the incident occurred in the severe cold of January, & the petitioner was not convicted earlier for the similar offence. Looking to the fact that the petitioner has already remained in jail for more than three weeks, I am inclined to grant him the benefit of the Act and in my opinion, the ends of justice would be met if the petitioner is given the benefit of Probation of Offenders Act. The result is, that the revision petition is pardy allowed. The conviction of the petitioner under section 4 (2) of the Rajasthan Prohibition Act is maintained, but, he is given the benefit of Probation of Offenders Act and it is hereby ordered that he be released on his furnishing a personal bond in the sum of Rs. 2000/- with one surety in the like amount to the satisfaction of the Judicial Magistrate I Class, Deeg. to appear and receive sentence whenever called upon to do so during a period of two years and meantime to keep the peace & be of good behaviour. .;