S. S. Sidhu, J. - (1.) Pawan Kumar petitioner was convicted under section 9 of the Opium Act for being found in possession of opium weighing two kilograms and was, sentenced to undergo 11/2 years rigorous imprisonment and to pay a fine of Rs. 500.00 or indefault of payment of fine to further undergo 3 months regorous imprisonment by the Court of Judicial Magistrate First Class, Ludhiana (Shri O. P. Goyal), vide its judgment and order dated April 9, 1980. An appeal preferred by him against his aforesaid conviction and sentence was dismissed by the Court of Session Judge, Ludhiana, vide its judgment dated Sept. 17, 1980. Hence this revision petition.
(2.) Notice regarding sentence was only issued to the Advocate General, Punjab. It has been submitted by the learned counsel for the petitioner that the petitioner is aged 22 years only and is a first offender and that he has to support his old parents and three unmarried sisters and therefore, this Court may consider the desirability of releasing him on probation of good conduct under section 4 of the Probation of Offenders Act so that he may get an opportunity to lead an honest life. I have heard Mr. D. S. Brar, the learned Assistant Advocate General, punjab in this regard. I feel inclined to accept the above submission made by the learned counsel for the petitioner. I therefore, uphold his conviction under section 9 of the Opium Act, but set aside his sentence and direct that he be released on probation of good conduct on his entering into a bond in the sum of Rs. 2,000.00 with one surety of the like amount, to appear and receive sentence when called upon during the period of one year, as the Court may direct and in the meantime to keep the peace, and be of good behaviour, to the satisfaction of Chief Judicial Magistrate, Ludhiana. The probation period shall start from the date of his furnishing security bonds as ordered above. It is further directed that the petitioner shall pay Rs. 500.00 as costs to the State under section 5 of the probation of offenders Act. Learned counsel for the petitioner states that the petitioner has already deposited Rs. 500.00 by way of fine imposed upon him by the Courts below. If it is so, that amount shall be considered to have been deposited as compensation in accordance with the direction by this Court. In case, he has not deposited that the amount so far, he shall have to deposit the same of the earliest. Petition allowed.;