DARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was tried, convicted and sentenced to R.I. for two years and fine of Rs. 2000/-, in default R.I. for six months under section 9 of the Opium Act by the learned Judicial Magistrate First Class, vide his order dated 16.11.1984. His conviction and sentenced were upheld by the lower Appellate Court. The petitioner has come up in revision to this Court.

(2.) On the last date of hearing notice regarding sentence was given.

(3.) The petitioner is a first offender. He is facing the trial since the year 1983. The opium allegedly recovered from him is 4 kg. I think the ends of justice will be amply served if the petitioner is released on probation. 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 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 mean time to keep peace and be of good behaviour. However the petitioner will pay Rs. 1000/- as litigation expenses payable to the State. Fine already recovered would be adjusted towards litigation expenses. But for this modification, the petition fails and is hereby dismissed.