MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was tried, convicted and sentenced to rigorous imprisonment for three years and a fine of Rs. 1000, in default further rigorous imprisonment for one year, under section 9 of the opium Act by the trial Magistrate. An appeal was carried to the Court of Sessions where it failed substantially inasmuch the sentence of imprisonment of the petitioner was reduced from three years to one year's rigorous imprisonment. the petitioner has come up in revision in this court. On the last date of hearing notice regarding sentence was given.

(2.) THE petitioner is a first offender. He is aged about 62 years. The alleged quantity of opium recovered from him is about 5.5 Kg. He has been facing the trial since 1982. I think the ends of justice would be amply met if he is given the benefit of the Probation of Offenders Act. Consequently I suspend the sentence of imprisonment of the petitioner and order that he be released on probation on his furnishing within two months to the satisfaction of the trial Court a bond in the sum of three thousand rupees with one surety in the like amount to keep the peace and be of good behaviour for a period of one year and to appear to serve the sentence when called upon to do so in the meantime. However, his fine is converted into litigation expenses payable to the State. But for this modification this revision petition fails and is hereby dismissed. Petition dismissed.