LAWS(P&H)-1985-11-57

SARUP SINGH Vs. STATE OF HARYANA

Decided On November 18, 1985
SARUP SINGH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THE petitioner was tried, convicted and sentenced to R.I. for one year and fine of Rs. 250/ -, in default R.I. for six months under section 9 of the Opium Act by learned Sub -Divisional Judicial Magistrate, Panipat vide his order dated 25.5.1985. His conviction and sentence were upheld with some marginal modification by the lower Appellate Court. The petitioner has come up in revision to this Court. On the last date of hearing notice regarding sentence was issued.

(2.) THE petitioner is a first offender and he is facing the trial since the year 1981. The opium allegedly recovered from him is 2 -1/2 Kgs. I think it is a fit case where provisions of Probation of Offenders Act should be pressed into service. Consequently, I suspend his sentence and order that the petitioner be released on probation on his entering into a bond of Rs. 3000/ -, with one surety in the like 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,s the fine imposed upon the petitioner is converted into litigation expenses payable to the State. But for this modification the petition fails and is hereby dismissed.