KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KULWANT Singh, aged 24 years, was convicted by the trial Magistrate under Section 9 of the Opium Act for being in possession of 1 kg. of illicit opium and sentenced to nine months' rigorous imprisonment and fine of Rs. 1,000/ - in default to further undergo R.I for three months. His appeal having been dismissed by the learned Additional Session Judge, Amritsar, he has preferred this revision petition.

(2.) AS regards conviction, the concurrent findings of the two Courts below are against Kulwant Singh. There is no merit in challenge thereto. In the alternative, his learned counsel prayed for his release on probation.

(3.) SECTION 360(i) of the Code of Criminal Procedure lays down that when any person not under 21 years of age is convicted of an offence punishable with fine only or with imprisonment for a term of seven years of less and no previous conviction is proved against the offender, it is appears to the Court before which he is convicted, regard being had to the age, character or antecedents of the offender, and to the circumstances in which the offence was committed, that it is expedient that the offender should be released on probation of good conduct, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond, undertaking to keep the peace and be of good behaviour.