J.S.SEKHON,J - (1.) THE petitioner was found guilty by the trial Court under section 9 of the Opium Act for being in possession of 10 kgs. of opium and sentenced to undergo one year's rigorous imprisonment and a fine of Rs. 1000/- or in default of payment thereof to further suffer three months' rigorous imprisonment.
(2.) ON appeal, the learned Additional Sessions Judge, Ludhiana, maintained the order of conviction and sentence. The benefit of the provisions of Section 6 of the Probation of Offenders Act was not given to the petitioner in view of huge quantity of opium recovered, even though it was specifically stressed by the learned counsel for the appellant that he being less than 21 years of age at the time of commission of offence, the report of Probation Officer should have been called.
(3.) VIDE order dated November, 1989, this Court called for the report of the Probation Officer, Ludhiana, about the antecedents of the petitioner. Accordingly, the Probation Officer has submitted his report after due enquiry to the effect that the petitioner, is a first offender and there is no back history of his involvement in any criminal case.;