AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) FOR being in possession 1 kg. of opium the petitioner Ajit Singh was convicted by the trial Magistrate under Section 9 of the Opium Act. He was awarded sentence of nine months' rigorous imprisonment and to pay a fine of Rs. 500/ -. The appeal was dismissed by the Additional Sessions Judge, Amritsar. He has now filed this revision against his conviction and sentence which was admitted only to consider the matter of sentence.

(2.) THE petitioner is a first offender. The recovery was effected from him on July 1, 1984. He has been facing criminal prosecution for about 2 -3/4 years and has already undergone about 1 -1/2 months' rigorous imprisonment. In the light of a DB judgment of this Court in Sushil Kumar v. The State of Haryana, 1983(2) Recent Criminal Reports 449 : 1984 PLR 420, the quantity of opium recovered from his cannot be considered to be a large haul and, therefore, it does not tantamount to a special reason within the meaning of Section 361 of the Code of Criminal Procedure for declining of benefit of probation to him under Section 361 of the Cr.P.C. In my view, therefore, it is a fit case wherein benefit of probation should be afforded to the petitioner. Consequently, the sentence awarded to the petitioner is suspended and he is ordered to be released on probation for a period of one year on his entering into a bond in the sum of Rs. 5000/ - with one surety in the like amount to the satisfaction of the trial Court to appear and receive sentence when called upon during the period of probation and in the meantime to keep the peace and be of good behaviour. The petitioner will also pay Rs. 500/ - as costs of proceedings. If he has already deposited the fine, it may be adjusted towards the same.

(3.) WITH this modification in the order of sentence this revision is dismissed on merits. Revision dismissed.