SADHU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petitioner was apprehended on 16th October, 1979, by A.S.I. Mohinder Singh, then posted in Police Station Nihalsinghwala. On search of the petitioner he was found carrying 4 kilograms and 800 grams of opium. The learned Magistrate Ist Class. Moga, in whose Court the trial against the accused took place, convicted the appellant under section 9 of the Opium Act and sentenced him to undergo rigorous, imprisonment for 1 year and to pay a fine of Rs. 1000/ -. The appellant filed appeal which was heard by the learned Additional Sessions Judge, Faridkot, who, did not find any force in the appeal and dismissed the same. Feeling aggrieved the petitioner filed this Revision Petition in this Court which was admitted only regarding sentence.

(2.) THE learned counsel for the petitioner vehemently argued that the petitioner is aged about 62 years and is a first offender and, therefore, the benefit of the provisions of section 360 of the Code of Criminal Procedure should have been granted to him. He argued that the modern penology leans towards reforming on accused persons. He also cited a couple of rulings of this Court where a person convicted under section 9 of the Opium Act was released on probation.

(3.) THERE is no dispute with the argument that the modern penology leans towards reforming on accused. The various rulings cited by the learned counsel for the petitioner will not help him because a case decided on fact will not be taken as lying down a general proposition of law :