S.C. Mittal, J. - (1.) Sardara Singh was convicted under section 9(a) of the Opium Act by the Additional Chief Judicial Magistrate Sangrur and sentenced to 6 months Rigorous Imprisonment and fine of Rs. 400.00 in default to further undergo R.I. for four months. The appeal preferred by him was dismissed by the learned Sessions Judge, Sangrur. Hence he has filed this revision petition.
(2.) The charge proved against Sardara Singh is that on 5th July, 1976 he was found in possession of 1050 gms. of opium. The concurrent findings of the two courts below that Sardara Singh is guilty of the charge is unassailable. In the alternative his learned counsel pressed for the release of Sardara Singh on Probation. The courts below declined this relief to the accused on the ground that the quantity of the Opium recovered from the accused was rather heavy. His learned counsel relied on Santa Singh Vs. State of Punjab, 1978 Chandigarh Law Reporter 29, 1977 Chandigarh Law Reporter 21 in support of his contention, that the quantity of opium recovered in the case by itself was not enough to treat it as a special reason for not granting the relief of Probation. In the interest of justice, I sent for the report of the District Probation Officer Sangrur. A perusal thereof shows that Sardara Singh belongs to a well to do family. His father owns 140 bighas of land. He has been living with his father. The whole family is of namdharies. The Sarpanch and members of Panchayats spoke well of Sardara Singh. He is first offender and not a man of bad antecedents. The mandatory provisions of section 361 Criminal Procedure Cod, lays down that if the accused can be dealt with under section 360, Criminal Procedure Code, but has not been so done the Court shall record special reasons for not having done so. Upon an overall view of the matter, I do not think, in the facts and circumstances of this case, special reasons have been made out to deny the release of Sardara Singh on Probation. I, accordingly instead of sending him to prison, direct that he be released on his entering into a bond in the sum of Rs. 5,000.00 with one like surety to the satisfaction of Additional Chief Judicial Magistrate Sangrur, to appear and receive the sentence when called upon during a period of two years and in the meantime to keep the peace and we of good behaviour. The bond be furnished on or before 13th Oct. 1980, failing which Sardara Singh who is on bail, be arrested and committed to prison to serve the unexpired portion of his sentence. The revision petition stands disposed of. Petition disposed.;