S.S.Grewal, J.

1. Balwinder Singh petitioner was convicted under Section 9 of Opium Act for keeping in his possession 8 kgs. of opium without any valid permit on 10th February, 1985. He was sentenced to undergo rigorous imprisonment for 1-1/2 years and to pay a fine of Rs. 500/- in default of payment of thereof, he was ordered to undergo further rigorous imprisonment for three months, by the Judicial Magistrate Ist Class, Patti, vide order dated 5th June, 1986. On appeal, the conviction of Balwinder Singh under Section 9 of the Opium Act was upheld. The substantive sentence of imprisonment was, however, reduced from 1/1/2 years to one year, but the sentence of imprisonment in default of payment of fine was maintained by the Additional Sessions Judge, Amritsar, vide order dated 6th October, 1986. Aggrieved against the orders of conviction and sentence, passed by the Courts below, Balwinder Singh has filed the present petition, which has mainly been pressed for quantum of sentence awarded to the petitioner, and secondly as to whether the petitioner would be entitled to get the benefit of Probation of Offenders Act, 1958 (hereinafter referred to as `the Act).

2. The benefit of