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Judgment
Ujagar Singh, J.
The petitioner was found in possession of 10 kg of opium when he was suspected and stopped by Inspector Jagjit Singh, along with other Police employees, on 3.3.1998, in the area of Bus Stand, Grand Truck Road, Ambala Cantonment. A sample of 100 gms. out of the whole opium was taken. After due investigation, the petitioner was challaned, charged, tried, convicted and sentenced to rigorous imprisonment for one year and a fine of Rs. 100/ and in default of payment of fine, he was to suffer further R.I. for one month.
The petitioner preferred an appeal which was heard by the Additional Sessions Judge, Ambala and dismissed without interference in the matter of sentence and fine.
Still dissatisfied, he has preferred this revision, not challenging his conviction, but has prayed for leniency on the ground that he was an educated person and held NATIONAL TRADE CERTIFICATE, awarded by Government of India, Ministry of Labour Employment & Rehabilitation, National Council for Training in Vocational Trades, from Dayanand Industrial Institute, Amritsar, a photostat copy of which has been placed on the record of this case, relating to trade of ELECTRICIAN. It is further submitted that he was working in a company and was 26 years old at the time of commission of the offence. Ever since then, a period of 81/2 years has elapsed. In addition, the learned counsel has submitted that the petitioner is a first offender and deserves to be given the benefit of probation. Reliance has been placed on Sikander Khan v. The State of Punjab, 1986(1) Recent CR 208 , decided by K.P.S. Sandhu, J., as he then was. That case related to recovery of 20 kg of opium. It was observed therein that the petitioner being of young age and of a brilliant academic career, succumbed to temptation in a weak moment to have 20 kg of opium.
In view of the facts, circumstances and the antecedents of the petitioner, narrated above, which are not contradicted by the learned counsel for the other side, I think that the petitioner, if given a chance to reclaim himself, he may become a useful member of the society. His remaining in jail with other criminals, who may be hardened criminals, will not be in the interest of the society also.
Consequently the sentence of imprisonment of the petitioner''s maintained, but it is ordered that the petitioner be released on probation, on his entering into personal bond and one surety, in the amount of Rs. 5,000/, to keep peace and be of good behaviour for a period of two years from today, and also to appear and receive sentence and undergo the remaining term thereof, when called upon to do so in case the conditions aforesaid are not complied with. Fine, if paid, shall be treated as converted into litigation expenses.
JUDGMENT accordingly.