BHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was tried, convicted and sentenced to rigorous imprisonment for 1 -1/2 years under Section 9 of the Opium Act by the trial Magistrate. The petitioner carried an appeal to the Court of Session where it failed substantially inasmuch as the conviction of the petitioner was upheld by the sentence was reduced from 1 -1/2 years to one year's rigorous imprisonment by the lower appellate Court. The petitioner has come up in revision in this Court.

(2.) ALTHOUGH the learned trial Magistrate came to a finding on the basis of discrepancies that the case against the petitioner cannot be said to be provided beyond doubt but the learned lower appellate court considered the discrepancies and found the conviction of the petitioner in order.

(3.) MR . D.S. Walia, learned counsel for the petitioner, has submitted that the petitioner is a first offender and the alleged recovery of opium from him is 5 kg. only. Therefore, he is entitled to the benefit of the Probation of Offenders Act. I find considerable force in this submission. 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. But for this modification this revision petition fails and is hereby dismissed. Petition dismissed.