KANTI PARKASH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision has been directed against the order of conviction and sentence recorded by Judicial Magistrate Ist Class, Samrala dated 18th Oct., 1986, vide which the petitioner was held guilty under Sec. 9 of the Opium Act and sentenced to undergo two years R.I. and to pay a fine of Rs. 2500.00 or in default to further undergo R.I. for six months. Aggrieved, the petitioner preferred an appeal before the learned Additional Sessions Judge, Ludhiana, which was dismissed on 17th of Dec., 1987.

(2.) There is no need at all to mention the detailed facts of the case but for to say that opium weighing 2 Kgs. and 750 gms. was recovered from the possession of the petitioner on 17th of Aug., 1984 and pursuant to the trial of the petitioner under Sec. 9 of the Opium Act, he was held guilty of the charge framed against him.

(3.) Mr. Bipan Ghai, learned Counsel representing the petitioner on the basis of the judgment of this Court in Sawinder Singh Vs. State of Punjab, 2000(1) RCR (Criminal) 163: [2000(1) All India Criminal Law Reporter 597 (Pb. & Hry.) ] contends that the speedy trial is the right of the petitioner and if for some reasons or the other, the same is not granted to the petitioner and meanwhile several years have gone by, it will be in fitness of things to bind down the petitioner to show good behaviour and keep peace under the provisions of Probations of Offenders Act or to reduce the sentence.