MOHAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Mohan Lal petitioner was convicted and sentenced to rigorous imprisonment for two years and a fine of Rs. 5,000/-, in default further rigorous imprisonment for six months under section 9(a) of the Opium Act by the Judicial Magistrate First class, Jullundur, vide his order dated 19th August, 1981. His wife Nasib Kaur who was present in the house at the time of the recovery of poppy husk was also tried along but was released on probation by the learned Magistrate. In appeal the conviction and sentence of the petitioners were maintained by the Additional Sessions Judge, Jullundur.

(2.) On the last date of hearing notice regarding sentence was given.

(3.) On behalf of petitioner Mohan Lal Mr. R. S. Ahluwalia learned counsel, has stated that Mohan Lal petitioner is 65 years of age and is not a previous convict. I think the ends of justice would be amply met if he is given benefit under section 360 of the Code of Criminal Procedure. Consequently I suspend the sentence of the petitioner and order that he be released on probation on his executing within two months to the satisfaction of the trial Court a bond in the sum of two thousand rupees with one surety in the like amount to keep the peace and be of good behaviour for a period of two years and to appear to receive the sentence when called upon to do so in the meantime. However, the petitioner would pay Rs. 1000/- as litigation expenses to the State.