TEK BAHADUR Vs. STATE

JUDGEMENT

(1.) By this petition Tek Bahadur has challenged his conviction under Section 9 of the Opium Act, 1878, and the sentence of 1 years rigorous imprisonment and imposition of fine of Rs. 500.00 by the Additional Chief Metropolitan Magistrate, Delhi, which have been upheld by the Additional Sessions Judge, Delhi, vide judgment dated 26th June, 1981.

(2.) This petition was admitted on the question of sentence only, as while affirming the sentence the first appellate Court had not considered the question of extending the benefit of the provisions of probation of offenders Act to be the petitioner herein. A report from the Probation Officer regar- ding the antecedents, character, family background, education and present employment as also other particulars of the petitioner was sent for J.D. Jain, J. vide his order passed on 7th August, 1981. The minutes of proceedings of 2nd December, 1981, show that the report of the Probation Officer recommending the benefit of probation under Section 4 of the probation of Offenders Act was permitted to be placed on the record; counsel for the State was granted time to study it.

(3.) It is not necessary to analyse the case on merits. Suffice it to note that on 4th May, 1978, at about 8.30 a.m., the petitioner herein when apprehended was found in possession of 2 kgs. of opium.