AJMER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner Ajmer Singh stands convicted under section 9 of the Opium Act and sentenced to undergo one year's rigorous imprisonment and to pay a fine of Rs. 1000/ - in default of payment of which to undergo further rigorous imprisonment for two months. He has filed the present revision petition against his conviction and sentence, which was admitted only to consider the matter of sentence.

(2.) THE petitioner is a first offender. Three kilograms and 1150 gms. of opium was recovered from him on March 17, 1984. He is, evidently, facing the strain of criminal prosecution for about 3 -1/2 years. In the light of a Division Bench judgment of this Court in Sushil Kumar v. The State of Haryana, 1984(1) Recent Criminal Reports 607 (DB), 1984 P.L.R. 420, the petitioner can be released on probation considering his unblemished antecedents and the quantum of recovery. It was held in this judgment that as a broad rule, a recovery of 4 Kgs or more would be considered a large haul which would be a special reason for declining the benefit of probation to the offender. In other words in a case of recovery of less than 4 Kgs. of opium a convict can be released on probation in the given circumstances.

(3.) FOR the reasons stated above the sentence imposed upon the petitioner is ordered to be kept in abeyance and he is ordered to be released on probation for a period of two years 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. 1000/ - as costs of proceedings. If he has already deposited the fine, it may be adjusted towards the same.