GURBINDER SINGH @ DULLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GURBINDER Singh alias Dulla petitioner was convicted under Section 9 (a) of the Opium Act, 1878 by Additional Chief Judicial Magistrate, Bhatinda, vide order dated 6th of June, 1991. He was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 250/-. In default of payment of fine he was further ordered to undergo rigorous imprisonment for a period of three months, for recovery of 3 Kg. and 10 grams of contraband Opium from his possession on 19th of May, 1984. The appeal against the said order was dismissed by Additional Sessions Judge, Bhatinda, vide his order dated 4th of December, 1991.

(2.) NOTICE in this revision petition was given only qua sentence awarded to the petitioner. It has rightly been submitted on behalf of the petitioner that both the courts below have erred in not considering as to whether the petitioner was entitled to be released on probation or not. Both the courts below have erred in not considering the release of the petitioner on probation of good conduct as contemplated in Section 360 of the Code of Criminal Procedure, 1973. Nor it had recorded any reason for not giving benefit of Probation of Offenders Act, 1985 to the petitioner, who is about 40 years of age. There are no allegations that the petitioner was a previous convict or was a habitual offender. Taking into consideration the age, antecedents, and, nature of the recovery effected from the petitioner, in my opinion, it is a fit case to grant benefit of Probation of Offenders Act to the petitioner. The petitioner is accordingly directed to be released on probation under section 4 of the Act for a period of two years subject to his furnishing personal bond and surety bond in the sum of Rs. 5000/- with one surety of the like amount, to the satisfaction of trial Court. The petitioner shall keep peace and be of good behaviour during the period of probation and shall further undertake to be present and receive sentence as and when called upon to do so, during the aforesaid period of probation.

(3.) THIS petition is allowed to the extent indicated above. Petition allowed