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Judgment
5 paragraphs · 214 wordsS.S.Sodhi, J.
The only prayer in this revision petition is with regard to the sentence imposed upon the petitioner Surjit Singh.
The petitioner Surjit Singh stands convicted for an offence punishable under Section 9 of the Opium Act, and sentenced to one year rigorous imprisonment and a fine of rupees one thousand. The case against him being that he was found in possession of 11/2 Kilograms of opium.
Counsel for the petitioner prays that keeping in view the facts that the petitioner was not a previous convict and also the extent of the recovery in this case, he may be released on probation. In the circumstances there do appear circumstances warranting the petitioner being released on probation, particularly taking into account also the fact that he has already undergone some period of imprisonment. Accordingly the sentence imposed upon the petitioner is set aside and he is ordered to the released on probation on his furnishing bonds in the sum of Rs. 20,000/ with two sureties in the like amount to the satisfaction of the trial Magistrate, to keep peace and be of good behaviour for a period of two years, in terms of Section 4 of the Probation of Offenders Act, 1958.
This petition is accordingly accepted to this extent.