Rajasthan Excise Act, 1950–Secs. 16/54 & 54A–Probation of Offenders Act, 1958–Secs. 4 & 12–Conviction–Petitioner is a first time offender and there is no allegation of his involvement in any other criminal case either prior or subsequent to the present incident–The occurrence is of the year 2011 and the petitioner has undergone the agony of criminal proceedings for more than a decade–He is a middle aged person, belongs to a poor family and is the sole source of livelihood for his dependents–Trial Court has not recorded cogent and adequate reasons for not granting the benefit u/s. 12 of P.O. Act and the Appellate Court has also not adverted to this aspect–Petitioner is granted the benefit of Sec. 4 of the P.O. Act.
