K.P.S.SANDHU, J. - (1.) KAKU petitioner was convicted and sentenced under Section 9 of the Opium Act to rigorous imprisonment for four months and a fine of Rs. 200/ - in default, rigorous imprisonment for one month by the trial Court. His conviction and sentence were upheld in appeal by the Additional Sessions Judge, Ludhiana.
(2.) ON the last date I gave notice regarding sentence.
(3.) THE petitioner is not a previous convict. The quantity of the opium alleged to have been recovered from the petitioner is 1 kg. I think it is a fit case where the provisions of Section 360 of the Code of Criminal Procedure should be pressed into service. I consequently suspend the sentence of the petitioner and order that he be released on probation on his executing a bond in the sum of Rs. 2,000/ - with one surety in the like amount to the satisfaction of the trial Court to keep the peace and be of good behaviour for a period of two years and to appear to receive the sentence when called upon to do so in the meantime. The fine, if paid, would be refunded to the petitioner. With the aforesaid modification the revision fails and is dismissed. Petition dismissed.;