SHYAMDAS Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner Shyamdas has been convicted under section 8 read with section 14 of the Dangerous Drugs Act and sentenced to suffer rigorous imprisonment for a term of one year and to pay a fine of Rs. 1000.00.

(2.) The learned counsel for the petitioner prayed that the drugs recovered from shop were neither adulterated nor substandard. There was no evidence that any such drugs sold by the petitioner had adversely affected the health of any patient. The quantity of the drugs seized from the shop was also not much. This was the petitioner's first offence. If benefit of the probation of offenders Act was not considered proper, a fine sentence alone was sufficient punishment. The jail sentence was not called for. The counsel prayed for leniency in the sentence.

(3.) I agree with the learned counsel. While maintain the petitioner's conviction, I set aside the jail sentence and maintain that of fine. With this modification in the sentence, the revision is dismissed. Sentence modified .