CHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHARAN Singh son of Prem Singh was convicted by the learned Judicial Magistrate Ist Class, Fatehgarh Sahib under Section 9 of the Opium Act vide impugned judgment dated 29.5.1989 and has been sentenced to undergo RI for two years and to pay a fine of Rs. 1,500/-, in default of payment of which to suffer further RI for three months. Aggrieved by the said judgment of conviction and sentence, he filed an appeal, which also stands dismissed by the learned Additional Sessions Judge, Patiala vide impugned judgment dated 26.2.1990. However, in appeal the sentence of two years was reduced to 1-1/2 years and she fine was reduced from Rs. 1,500/- to Rs. 500/-. Hence this revision petition.

(2.) I have heard counsel for the both the sides and have carefully perused the entire evidence on record.

(3.) THE main submission made by the learned counsel is that on the basis of the aforesaid grounds, the petitioner deserves the concession of being released on probation or in the alternative his sentence be reduced to the period already undergone by him. In support of his second contention, the learned counsel placed reliance upon the decision of this Court rendered in State of Punjab v. Tota Singh, 2004(1) RCR(Criminal) 663 and Joginder Singh v. State of Punjab, 2004(4) RCR(Criminal) 198.