POORAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) BY this letter, which has been registered as Writ Petition, the petitioner has prayed for a direction against the State Government to pay him compensation for his illegal detention of almost five years in jail.

(2.) SINCE the petitioner was not assisted by any lawyer, we thought it proper to appoint shri P. K. Kaurav as Arnicus Curiae who willingly agreed to provide all possible legal assistance in the matter.

(3.) THE facts in short are these. The petitioner is a villager. He lives in village shrinagin-umaria in District Narsinghpur. His trouble started from 25. 5. 2000 when the police of Narsinghpur police station searched him at Itwara market on information that he was involved in drug peddling. During search the police recovered 150 grams of opium from his possession. He was, therefore, arrested on that day itself and after investigation put to trial in the Court of Special judge, Narsinghpur, vide Special Case no. 6/2000. The Special Judge by his judgment dated 15. 9. 2000 held the petitioner guilty of the offence under section 18 of the narcotic Drugs and Psychotropic Substances act, 1985 and sentenced him to ten years rigorous imprisonment along with an additional sentence of fine of Rs. 1. 00. 000/ -. The petitioner challenged his conviction and sentence by filing Criminal Appeal No. 2478/ 2000 before this Court. A learned single judge upheld the conviction of petitioner vide judgment dated 30. 10. 2003 but reduced the sentence of imprisonment to three years and five months. He also reduced the sentence of fine to Rs. 500/- or, in default of payment of fine, to undergo one month imprisonment.