JUDGMENT
Kanta Bhatnagar, J.
1. The revision petition has been preferred against the judgment passed by the Additional Sessions Judge No. 1, Jodhpur (Camp Jaisalmer) dated 15-4-1978 by which the conviction of the petitioner for the offence under Section 4 (1) (e) of the Rajasthan Prohibition Act, 1969, and sentence of three month’s simple imprisonment and a fine of Rs. 300/-in default, two months. Simple imprisonment awarded by the Chief Judicial Magistrate Jaisalmer, on 3-12-1977 was upheld.
2. At the commencement of the arguments learned Counsel for the petitioner submitted that he does not want to press the revision petition on merit, but submitted that in view of the fact that a period of more than five years has lapsed since the alleged date of the occurrence, a lenient view may be taken.
3. In view of the facts and circumstances of the ease, the learned Publie Prosecutor does not dispute this prayer.
4. The perusal of the record shows that the matter relates to recovery of furmented wash from the Chhapra of the house of the petitioner in the year 1976. In view of the facts and circumstances of the case, specially the lapse of period of more than five years since the commission of the offence, I do not consider it proper to send the petitioner behind the bar now specially when he had already remained in custody for a period of one month.
5. Hence the ends of justice would meet, if the substantive sentence awarded to the petitioner is reduced to the period he had undergone along with the amount of fine imposed by the trial court.
6. Consequently, the revision petition is partly allowed. The conviction of the petitioner for the aforesaid charge is maintained. The substantive sentence of three months’ simple imprisonment is reduced to the period the petitioner has undergone. The sentence of fine of Rs. 300/- (Rupees three hundred), in default, to undergo two months simple imprisonment is, however, maintained.
7. At the request of Shri K.C. Gaur, learned Counsel for the petitioner, two months’ time is granted to the petitioner to deposit the amount of fine in the court of the Chief Judicial Magistrate, Jaisalmer.
