MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Mohinder Singh petitioner was convicted by the order of Chief Judicial Magistrate Faridkot dated 9th of November 1987 under Section 9(a) of the Opium Act, 1978 (hereinafter referred to as the Act) for keeping in his possession 31/2 kilograms of contraband opium on 12th of September 1984. He was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 400/- In default of payment of fine, he was further ordered to undergo rigorous imprisonment for three months.

(2.) On appeal the order of conviction and sentence passed against the petitioner was upheld by Additional Sessions Judge Faridkot vide his order dated 20th of July 1989. Revision against the orders of conviction and sentence passed by the courts below was admitted by this Court only in respect of sentence to be awarded to the petitioner as well as the question whether benefit of probation can be granted to him or not.

(3.) On behalf of the petitioner, it was submitted that the petitioner is not a previous convict and that he may be released on probation of good conduct. The order of the trial court does not, in any manner, indicate that the petitioner was a previous convict. He is a young man. The judgment of the trial court indicates that the age of the petitioner was 30 years. Taking into consideration the age, antecedents, nature of recovery and the fact that after the recovery of contraband opium from the possession of the present petitioner, be was not challaned or convicted in any other case and also taking into consideration the fact that the petitioner has undergone agony of trial for the last more than five years, the petitioner is directed to be released on probation of good conduct for a period of one year under Section 4(1) of the Probation of Offenders Act, 1958 subject to his furnishing adequate security bond to the satisfaction of Chief Judicial, Magistrate Faridkot, wherein, he would undertake to keep peace, be of good behaviour and to appear in the court as and when required to receive sentence. Sentence of fine imposed by the trial court upon the petitioner is set aside in view of the authority in case Isher Das v. The State of Punjab, 1972 AIR(SC) 1295. Fine if paid be refunded to the petitioner.