BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BALBIR Singh petitioner was convicted under Section 9 of the Opium Act by Shri R. K. Tyagi, Judicial Magistrate Ist Class, Fatehgarh Sahib vide his judgment dated August 31, 1989 and was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 2,000/- or in default of payment of fine to undergo further rigorous imprisonment for three months, for his having been found in possession of 5500 grams of opium without any permit or licence. Feeling aggrieved by this judgment, Balbir Singh petitioner filed an appeal which was dismissed by Shri S.S. Kanwal, Additional Sessions Judge, Patiala, vide his judgment dated February 8, 1990. Now the petitioner is before this court in the present Revision Petition through which he has challenged the Judgment of Appellate Court.

(2.) ON February 26, 1990 notice regarding sentence was issued.

(3.) THE petitioner is admittedly facing agony of trial for the last about five years. In my considered opinion he should be given a chance to reform himself. Therefore, having regard to the character or other antecedents of the offender and to the circumstances in which the offence was committed, in my opinion, it will be expedient to release the petitioner on probation of good conduct. Accordingly the petitioner shall be released on probation for a period of two years on his furnishing requisite bond in the sum of Rs. 2,000/- with one surety in the like amount, to the satisfaction of trial court. The petitioner is further ordered to pay Rs. 2,000 as cost of litigation. The amount of fine of Rs. 2,000/-, if paid by the petitioner in the trial court, shall be adjusted against the cost of litigation. The petitioner shall appear and receive sentence when called upon during a period of two years of his executing the necessary bond and in the meantime to keep peace and be of good behaviour.