S.S.GREWAL,J - (1.) THIS revision -petition is directed against the order of Additional Sessions Judge Gurdaspur, dated 12 -1 -1990 whereby the order of conviction and sentence passed against both the present petitioners by the Judicial Magistrate Ist Class, Pathankot on 10 -9 -1987, was maintained and their appeal was dismissed. The petition was only admitted qua quantum of sentence to be awarded to the petitioners as well as for consideration as to whether the benefit of Probation of Offenders Act can be granted to petitioners or not.
(2.) ACCORDING to the prosecution allegations, S.I. Joginder Singh along with H.C. Kuldeep Singh, H.C. Rattan Singh and other police officials held a Nakabandi on the night intervening 16 -5 -1985 and 17 -5 -1985 in the area of village Assa Bano and at about 3.00 A.M. both the petitioners came there and were apprehended. From the personal search of Raj Kumar petitioner 10 Kgs. of opium was recovered, whereas, from the personal search of Manu alias Bachu, a Bangladesh National, 7 Kgs. of opium was recovered. Samples were separately taken from the opium recovered from the petitioners and the same were sent to the office of the Chemical Examiner, who confirmed that the samples were that of opium. The learned counsel for the parties were heard.
(3.) IN view of the heavy quantity of opium recovered from the petitioners, it is quite obvious that the petitioners were mainly motivated by greed of money in indulging in sale of contraband opium which is hazardous to the public health. It is thus not a fit case to give benefit of probation of Offenders Act under Section 360 of the Code of Criminal Procedure, to the petitioners. However, in view of the facts that both the petitioners have undergone agony of trial for more than 2 -1/2 years in the trial Court and their appeal also remained pending with the Additional Session Judge, Gurdaspur for another 2 -1/2 years, the sentence of imprisonment awarded in case of each of the two petitioners, is reduced from 2 years. Rigorous Imprisonment to 1 -1/2 years Rigorous Imprisonment. The sentence of fine imposed on the petitioners or in default thereof, shall, however, stand.;