MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MOHINDER Singh petitioner was being tried in a case under the Opium Act the date fixed for hearing was 24.4.1981 before the trial Magistrate. However, he failed to appear on that date. The learned Magistrate after Issuing notice to the two sureties, namely Jaswinder Singh and Tara Singh. who have also filed separate Cr1. Revisions Nos. 1547/l9gZ and 1548/1982 respectively in this Co lift, imposed a penalty of Rs. 5000/- each on the petitioner as well as on the sureties. On appeal, the learned Sessions Judge, found that MOHINDER Singh petitioner had sent a telegram and a medical certificate to his counsel a day earlier to the date when he was to appear in the Court, but his counsel failed to produce the same in the Court. The learned Sessions Judge came to a finding that the absence of the petitioner was not intentional and that the petitioner himself appeared in the Court on the next date of hearing. Consequently, she reduced the amount of penalty from Rs. 5000/- to Rs. 2000/-. After coming to this positive finding that the absence of the petitioner was not intentional and that he himself appeared in the Court on the next date of hearing the learned Sessions Judge, was not justified imposing the penalty. Consequently, allow this petition and set aside the order of the learned Sessions Judge. The amount of penalty, if paid, by the petitioner would be refunded to him. Petition allowed.