K.P.S.SANDHU, J. - (1.) THE petitioner was tried, convicted and sentenced to rigorous imprisonment for two years and a fine of Rs. 500/- in default further rigorous imprisonment for six months, under Section 9 of the Opium Act by the trial Magistrate. His conviction and sentence were upheld by the lower appellate Court. The petitioner came up in revision. The same was admitted by Surinder Singh, J. vide his order dated 22nd January, 1985.
(2.) THE petitioner was found in possession of 5 kg 100 gm of opium on 9th November, 1980, when he was apprehended by Head Constable Sewa Singh. A simple was taken out of the same and sent to the Chemical Examiner for chemical analysis. According to the report of Chemical Examiner, the sample was found to contain morphine. Mr. Naubat Singh, Advocate, learned Counsel for the petitioner, had not addressed me on the merits. He submits that the petitioner is a first offender, that he has been facing the trial since 1980 and that the alleged recovery of opium is about 5 kg. Therefore, he prays that the petitioner should be given the benefit of the Probation of Offenders Act. I find considerable force in the contention of the learned Counsel. The petitioner has been on bail since January, 1985. I do not think that any useful purpose would be served by sending the petitioners to jail at this stage. I think that he should be given a chance to reclaim himself. I am of the view that it is a fit case where the provisions of the Probation of Offenders Act should be pressed into service. Consequently, I suspend the sentence of imprisonment of the petitioner and order that the petitioner be released on probation on his furnishing within two months to the satisfaction of the trial Court a bond in the sum of five thousand rupees with two sureties each in the like amount to keep the peace and be of good behaviour for a period of one year and to appear to receive the sentence when called upon to do so in the meantime. However, the fine imposed on the petitioner is converted into litigation expenses payable to the State. But for this modification this revision petition fails and is hereby dismissed. Petition dismissed.;