LAWS(P&H)-1990-1-49

PURAN SINGH Vs. STATE OF PUNJAB

Decided On January 19, 1990
PURAN SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THIS petition is directed against the order of conviction under Section 9 of the Opium Act for the recovery of 4 kgs. of opium on 11th July, 1985 passed by Judicial Magistrate 1st Class, Rajpura whereby the petitioner was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/. In default of payment of fine he was further ordered to undergo R.I. for two months.

(2.) APPEAL filed by the petitioner against the order of conviction and sentence passed by the trial Court was dismissed by Additional Sessions Judge, Patiala, vide order dated 9th November, 1989 and the conviction and sentence passed by the trial Court was maintained. Aggrieved against the order of conviction and sentence passed by the Courts below the petitioner has come up in revision. Learned counsel for the parties were heard.

(3.) TAKING all these factors into consideration and latest trend in penology, the petitioner is directed to be released on probation under Section 4(1) of the Probation of Offenders' Act, 1958 for a period of one year subject to his furnishing adequate security bonds to the satisfaction of the trial Court. The petitioner would also undertake to keep peace, be of good behaviour during the said period of probation and further undertake to appear in the Court as and when called upon to receive sentence. The sentence of fine imposed by the trial Court is set aside in view of the authority of the apex Court in Ishar Dais v. State of Punjab, AIR 1972 SC 1295. The petitioner would, however, pay Rs. 1000/- as costs of the proceedings. The fine if already paid in this case shall be adjusted toward's the payment of costs. This revision petition is allowed to the extent indicated above.