COURT ON ITS OWN MOTION Vs. SAJJAN SINGH

JUDGEMENT

(1.) THE respondent was held guilty under Section 9 of the Opium Act and was sentenced to two years rigorous imprisonment and fine of Rs. 2000/ - by the trial Magistrate for having been found in possession of 4 kilograms of opium on 5.7.1986. As result of the appeal that he filed, the Additional Sessions Judge, vide his order dated 24.9.1986, while upholding the conviction, has directed his release on probation. Not feeling satisfied with this appellate order, he filed Criminal Revision No. 1537 of 1986, which was dismissed in limine on January 30, 1987. A show cause notice was also issued to him, as to why the order of the appellate Court releasing him on probation be not set aside and he be made to undergo legal sentence. While issuing the notice, what weighed with me were certain observations made by a Full Bench of this Court in Joginder Singh v. State of Punjab, 1980 PLR 585, i.e. a case under Section 60(1)(c) of the Punjab Excise Act. Today Shri Sharma, learned Counsel for the respondent has brought to my notice a judgment of this Court, Sardara Singh v. The State of Punjab, 1987 C.L.R. 266, where a person who had been found guilty of keeping about 10 kgs. of opium in his possession was directed to be released on probation primarily on the ground that he belonged to a respectable family and there was no previous conviction to his credit.

(2.) HAVING heard the learned Counsel for the respondent, I find that there is hardly anything to distinguish the facts of this case from that of Sardara Singh's case (supra). I, therefore, discharge the notice issued to the respondent. The net result is that the order of the lower appellate Court stands. Order accordingly.