MAHIPAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner Mahipal was convicted under section 9 of the Opium Act and was sentenced to undergo six months' simple imprisonment and to pay a fine of Rs. 1000/. in default of payment of which to undergo further simple imprisonment for one month. The instant revision filed by Mahipal to challenge the conviction and sentence was as admitted only to consider the matter of sentence.

(2.) FOUR kilograms and 250 gms. of opium was recovered from the petitioner on March 6, 1983. The prayer on his behalf is that he may be released on probation. In view there are certain extenuating circum Instances due to which there is no reason to deprive the petitioner of the benefit of probation.

(3.) THE petitioner was 76 years old at the time of trial. His one leg has been amputated. He is a first offender and has already undergone the strain of criminal prosecution for more than four years. He has also already undergone imprisonment for about one month. In this background it is not conducive in the interest of justice to let the petitioner remain confined in jail.