SURINDER KUMAR VERMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner Surinder Kumar has been convicted under Section 27 of the Drugs and Cosmetics Act, 1940 (hereinafter called,the Act;) and sentenced to undergo rigorous imprisonment for one year and of pay a fine of Rs. 5000/ -, in default of payment of which to undergo further rigorous imprisonment for three months. He was also convicted under Section 28 of the Act and sentence of one year's rigorous imprisonment was awarded to him. Both the sentences of imprisonment were ordered to run concurrently. This revision petition filed by him against the conviction and sentence has been admitted only to consider the matter of sentence.

(2.) THE petitioner has been punished for stocking drugs without a valid licence and for refusing to disclose identity of the person from whom the drugs were purchased. It is prayed on his behalf that he may be afforded the benefit of probation. I see no reason why this prayer should not be allowed. No doubt minimum punishment has been provided in the Act for the offence committed by the petitioner but in the light of a Full Bench judgment of this Court in Joginder Singh v. State of Punjab, 1980 C.L.J.(Criminal) 150, mere prescription of the minimum sentence is no).it to 11 -0 applicability of Section 360 and Section 361 of he Code of Criminal Procedure and Sections 4 and 6 of the Probation of Offenders Act. No doubt the petitioner was dealing with drugs at the shop, but the drugs were not found to be spurious or adulterated. The recovery was effected on February 17, 1983 and as such the petitioner has been undergoing the stress and strain of criminal prosecution for a long time. In my view special grounds do exist for releasing the petitioner on probation. 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. 5000/ - as costs of proceedings. If he has already deposited the fine it may be adjusted towards the some.

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