1. - The petitioner Godhu has been convicted under Section 16/54 of the Excise Act and sentenced to six months simple imprisonment and a fine of Rs. 250/- and in default of payment of fine to further simple imprisonment of one month by the learned Munsif and Judicial Magistrate, Balotra on 9-1-1985 and appeal before the learned Sessions Judge, Balotra has been dismissed on 21-2-1985. Hence this revision.

2. Although in the memo of revision, the conviction of the petitioner has been challenged but at the time of arguments, the learned counsel for the Petitioner gave up this contention and only prayed that looking to all the facts and circumstances of the case the petitioner may be granted benefit of probation.

3. I have heard the learned counsel for the petitioner and the learned Public Prosecutor who has accepted notice, in respect of this contention.

4. The case against the petitioner is that on the search of his Dhani on 31-5-1983 by the Excise Inspector a pitcher of fermented work and a Jerrycan containing one bottle of illicit liquor were recovered. The accused is a young man of about 25 years. He is not a previous convict. Looking to the quantity of the wash and the illi