1 S.B. CRIMINAL REVISION PETITION NO.676/2008 Shrawan Singh Vs. State of Rajasthan Date of Order :: 24-07-2008 HON'BLE MR. JUSTICE DEO NARAYAN THANVI Mr. Sudheer Saruparia, for Mr. Trilok Joshi, for the petitioner. Mr. L.R. Upadhyay, PP. Heard learned counsel for the parties. This is a revision against the judgment of the learned Additional Sessions Judge, Raisinghnagar, District Sriganganagar whereby while maintaining the conviction of accused appellant, recorded by learned Judicial Magistrate, Raisinghnagar, the appeal was dismissed. The learned Judicial Magistrate, Raisinghnagar convicted accused petitioner under Section 16/54 of the Rajasthan Excise Act and sentenced him to one years Rigorous Imprisonment and to pay fine of Rs.1,000/-, and in default, to undergo one month's imprisonment. Charge against the accused petitioner was that on 9.11.1997, at 9.15 a.m., articles of country made liquor were recovered from his possession at 22 N.P. and 100 litres Lahan was also recovered. Prosecution examined five witnesses. Statement of 2 accused was recorded. No defence was led. After hearing, the learned Magistrate convicted the accused petitioner and sentenced him as above which was confirmed by the appellate court. Learned counsel for the petitioner submits that he does not want to press revision on merits as accused petitioner is a first offender, therefore, either benefit of probation may be given or he may be released for the period already undergone. From record, it appears that the accused remained in custody during trial and after disposal of the appeal for a period of about 22 days. The offence is trifle in nature. Contention of the learned counsel for the petitioner appears to be just and reasonable. Consequently, this revision petition is allowed in part. While maintaining the conviction of the accused under Section 16/54 of the Excise Act, he is sentenced to the period already undergone. However, sentence of fine is maintained. Accused- petitioner be released forthwith,if not required in any case, on depositing of fine. Else, he will undergo the sentence in default of payment of fine. [DEO NARAYAN THANVI],J. Praveen