MOHINDER SINGH Vs. STATE

JUDGEMENT

(1.) This revision petition was filed by Mohinder Singh petitioner from Jail. The petitioner appeared before P.S. Safeer, J., on the 24th May, 1973, and expressed his inability to engage a counsel. The learned Judge, therefore, ordered the Registrar to appoint an Advocate as amicus curiae for the petitioner to argue the petition. On behalf of the petitioner, Shri J.N. Aggarwal, Advocate of this Court, was appointed. Today when the petition was taken up for consideration it was found that the petitioner had already served his sentence and had been released from Jail on the 24th July, 1973. However, I had gone through the record to satisfy myself as to the correctness, legality or propriety of the sentence awarded to the petitioner.

(2.) The petitioner who is a British national on 13th Sept., 1971 arrived at Palam Airport for proceeding to London by flight No. KU 381 of Kuwait Airways. His luggage on suspicion was searched and from the steel trunk, Exhibit P/1, 4,500 grams of opium was recovered. The key of the trunk was supplied by the petitioner. Three representative samples of the opium were taken and sealed by the Custom officials. The remaining opium was placed in the steel box along with the lock and key and the box was sealed with the Custom seal. The petitioner was alleged to have made a confessional statement before the Custom officials wherein he admitted his guilt. The Chemical Examiner in his report, Exhibit PH, declared the contents of the samples to be opium. The petitioner accordingly was sent up for trial under section 13 read with section 20 of the Dangerous Drugs Act, 1930, and under section 9 of the Opium Act.

(3.) Shri K.B. Andley, Chief Judicial Magistrate, New Delhi, by his order dated the 26th May, 1977, convicted the petitioner and sentenced him under section 9 of the Opium Act to rigorous imprisonment for one year and to a fine of Rs. 2,000.00. In default of payment of fine, the petitioner was to undergo further rigorous imprisonment for six months. Under section 13 read with section 20 of the Dangerous Drugs Act, the petitioner was sentenced to rigorous imprisonment for one year and a fine of Rs. 2,000.00. In default of payment of fine, he was to undergo further rigorous imprisonment for six months.