MOHAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has been convicted and sentenced to one year's rigorous imprisonment and a fine of Rs. 500/- for having been found in possession of 3 kgs of opium on 13.11.1985. Mr. Ahluwalia, learned counsel for the petitioner, finding that the conviction of the petitioner is unassailable, prays that in view of the earlier precedents, i.e., Sushil Kumar v. The State of Haryana, 1984(1) Rent CR 607 : 1984 PLR 420 (DB); Mool Chand v. The State of Punjab, 1985(1) Recent CR 413 : 1985 (2) CLR 667; Subhash Chander v. The State of Punjab, 1986(1) Recent CR 1 : 1985 (2) CLR 712; and Mahipal v. The State of Punjab, 1987 (2) Recent CR 634 : 1987 (2) CLR 533, the punishment awarded to the petitioner is much too much, and he deserves to be released on probation as was done in some of those cases. Having perused the aforesaid judgments, I find that there is considerable merit in the stand of the learned counsel for the petitioner. I, therefore, suspend the sentence of the petitioner and order that he be released on probation on his entering into a bond of Rs. 5000/- 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 meantime, to keep peace and be of good behaviour. But for this modification, this revision fails and is dismissed.