AJEET SINGH Vs. STATE

JUDGEMENT

(1.) WITH the consent of the learned counsel for the petitioner and the P.P. this revision petition is disposed of finally at the admission stage.

(2.) THE petitioner was caught by the S.I. Police Station, Atru on 13 -8 -78 and he was found in possession of two plastic bags containing opium 1.460 Kg. and 1.160 Kg. respectively. After investigation the petitioner was challaned Under Section 4/9 of the Opium Act in the Court of Munsif and Judicial Magistrate, Atru. The learned Magistrate after framing charge and recording statements of the prosecution witnesses and examining the accused Under Section 313, Cr.P.C. found the prosecution case proved against the accused and he sentenced him to one year's R.I. and a fine of Rs. 200/ -, in default of payment of fine to further undergo 3 months S.I.

(3.) THE learned counsel for the petitioner did not argue this revision petition on merits and has argued only on the point of sentence awarded to the petitioner. He has argued that the incident had taken place in the year 1978 when the accused was below 21 years of age He has also argued that the petitioner has already been in Jail for 20 days and during the trial also he remained in Jail for about 17 days. As such he has been in Jail for about 37 days, and the sentence already undergone by him is sufficient. Therefore, the petitioner should be given the benefit of the Probation of Offenders Act.