BHUPINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner Bhupinder Singh has since been held guilty for an offence punishable under Section 9 of the Opium Act and sentenced to undergo rigorous imprisonment for a period of 18 months as also to pay fine of Rs. 500/- or in default of payment of fine, to further undergo rigorous imprisonment for a period of three months, vide order dated 8.9.1987. In appeal preferred by the petitioner, order of conviction was maintained, whereas sentence was reduced from 18 months to 12 months by the Additional Sessions Judge, Amritsar, vide order dated 5.5.1988.

(2.) There is no need, at all, to go into any details of the facts giving rise to the present revision. Mr. Giani, counsel representing the petitioner without joining any issue on merits, contends that inasmuch as a period of 17 years has gone by when opium was recovered from the petitioner, the petitioner should be given the benefit of provisions contained in the Probation of Offenders Act, 1961.

(3.) Contention of the learned counsel can be accepted, even though half way through. No doubt, it is a matter which pertains to the year 1983 and the petitioner has already undergone the agony of protracted trial spanned over a period of 17 years yet the fact that he has been found in possession of 10 kg. opium cannot be lost sight of.