GURBAX SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was tried and convicted for recovery of six kilograms of contraband opium which was recovered from him as far back as 31st of January 1983. Judicial Magistrate Ist Class Ferozepur vide his order dated 18th of February, 1989 convicted the petitioner in respect of the said offence under Section 9 of the Opium Act and sentenced him, to undergo rigorous imprisonment, for one year and to pay a fine of Rs. 1000/-. In default of payment of fine, he was further ordered to undergo rigorous imprisonment for six months. The order of conviction and sentence passed against the petitioner was upheld by the Additional Sessions Judge Ferozepur, vide his order dated 19th of August 1989.

(2.) Aggrieved against the order of conviction and sentence passed by the courts below, the petitioner has filed this revision petition which was admitted by this court only for consideration of quantum of sentence, as well as question whether benefit of Probation of Offenders Act can be granted to him or not.

(3.) Mrs. Nirmal Jit Kaur, State counsel, who was supposed to appear on behalf of Advocate General Punjab has not cared to come and appear in the court today. It is already 12.45 P.M. There is, thus, no option but to dispose of this case in the absence of state counsel.