S.S.GREWAL, J. - (1.) CHARAN Singh petitioner was convicted under Section 9 of the Opium Act, 1878 for keeping in his possession three kilograms of contraband opium and was sentenced to undergo rigorous imprisonment for 1-1/2 years and to pay a fine of Rs. 500/- or in default of payment of fine to undergo further rigorous imprisonment for three months, by Sub Divisional Judicial Magistrate, Barnala vide his order dated 27th of August, 1988. On appeal filed by the present petitioner, the substantive sentence awarded to the present petitioner was reduced from 1-1/2 years to one year rigorous imprisonment, whereas, the sentence of fine and in lieu thereof was maintained by Additional Sessions Judge, Barnala, vide his order dated 15th of September, 1989.
(2.) AGGRIEVED against the orders of conviction and sentence passed by the courts below, the petitioner filed this revision petition, which was admitted only qua sentence awarded to the petitioner, as well as for consideration whether benefit of probation can be granted to the petitioner. The judgment of the trial court shows that the age of the petitioner was 21 years. Obviously he would be under 21 years of age at the time When contraband opium was recovered from his possession, in the instant case, on 3rd of November 1984. It was, thus, obligatory for the courts below to grant benefit of Probation of Offenders Act to the petitioner until and unless the petitioner was of such a depraved character, that, no such benefit could be granted to him. There is no such allegation against the petitioner, nor, the courts below have cared to procure the report of District Probation Officer under Section 6 of Probation of Offender Act 1958 before denying him the benefit of probation. There are no allegations that the petitioner is a previous convict.
(3.) TAKING into consideration the age, antecedents, nature of recovery and relevant consideration, I hereby direct that the petitioner be released on probation of good conduct for a period of two years under Section 4(1) read with Section 6 of the Probation of Offenders Act, 1958 subject to his furnishing personal bond in the sum Rs. 5,000/- with one surety of the like amount, undertaking to keep peace, be of good behaviour and to receive sentence, as and when called upon by the court during the aforesaid period of probation. The petitioner shall submit requisite personal bond and surety bond to the satisfaction of the trial court. The sentence of fine imposed by the trial court is also set aside in view of authority in case Isher Das v. The State of Punjab, AIR 1972 Supreme Court 1295. Fine, if paid, be refunded to the petitioner.;