SUBHASH CHANDER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was tried, convicted and sentenced to R.I. for two years under Section 9 of the Opium Act by the learned Judicial Magistrate First Class, Samrala vide his order dated 17.12.1984. The appeal was carried to the Court of Sessions where it failed substantially in as much as that the sentence of imprisonment was reduced from R.I. for two years to R.I. for one and half years. The petitioner has come up in revision to this Court.

(2.) ON the last date of hearing notice regarding sentence was issued.

(3.) THE petitioner is a first offender and a young man of 25 years. The opium allegedly recovered form him is 3 kg. He is facing the trial since January, 1983. I think it is a fit case where a chance should be given to this young man to reclaim himself. Consequently, I suspend his sentence and order that he be released on probation on his entering into a bond of Rs. 3000/ - with one surety in the like amount for a period of one year, to the satisfaction of the trial Court, undertaking to appear in the Court to receive the sentence during the said period whenever called upon to do so and in the meantime to keep peace and be of good behaviour. However, the petitioner is ordered to pay Rs. 500/ - as litigation expenses payable to the State. But for this modification, this revision fails and is hereby dismissed. Revision dismissed.