SOHAN RAJ Vs. THE STATE

JUDGEMENT

(1.) This revision petition is directed against the order/judgment of Sessions Judge, Balotra, dated July 7, 1979 upholding the conviction of the petitioner under section 9 of the Opium Act and sentencing him to six months rigorous imprisonment and to pay a fine of Rs. 500.00 in default of payment of fine to undergo two months rigorous imprisonment awarded by the Munsif and Judicial Magistrate, Balotra in criminal case No 407/74.

(2.) In the instant case looking to the concurrent finding of the two courts below, Mr. Singhvi, learned counsel appearing for the petitioner did not challenge the conviction. He submitted that looking to the age and status of the petitioners well as his subsequent conduct the accused petitioner should be released on probation under the Probation of Offenders Act.

(3.) The learned Public Prosecutor, on the other hand, opposed the prayer and submitted that it is not a fit case where benefit of Probation Act can be given to the petitioner.