Criminal Revision No. 398 of 1989 1 In the High Court of Punjab and Haryana, Chandigarh. Criminal Revision No. 398 of 1989 Date of Decision: 29.01.2008. Asghar Ahmed Khan …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. M.S. Dhillon, Advocate for the petitioner. Mr. R.S. Rawat, Assistant Advocate General, Punjab, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) Mr. Dhillon has stated that the petitioner was tried under Section 9 of the Opium Act and he was ordered to be released on probation on 3.4.1989 by the Court of learned Additional Sessions Judge, Ludhiana. Despite the opportunities granted, petitioner who was a poor Rickshaw Puller, could not muster sureties and deposite Rs.1,000/-, which was assessed as costs of proceedings. Lapse on the part of the petitioner was construed against him and he was sent to jail to suffer the sentence awarded by the trial Court, which was rigorous imprisonment for one year and a fine of Rs.500/- , vide order dated 3.4.1989 passed by learned Additional Sessions Judge, Criminal Revision No. 398 of 1989 2 Ludhiana. This order was challenged in the present revision petition and the petitioner was ordered to be admitted to bail by this Court on 4.5.1989. He is stated to have undergone about one month custody simply because he could not deposit costs of Rs.1,000/- and two sureties were not available to him. Be as it may, period of 18 years has lapsed. Even if this revision petition is allowed and benefit of probation under the Probation of Offenders Act, 1985 is granted to the petitioner, he may not again be able to deposit the costs and furnish sureties as per submissions of Mr.Dhillon. Therefore, taking the larger interest into view, the sentence of petitioner is reduced to already undergone. Ordered accordingly. (Kanwaljit Singh Ahluwalia) Judge January 29, 2008 “DK”