JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JOGINDER Singh son of Harnam Singh aged 28 has been convicted by Shri Pritam Singh, Judicial Magistrate Ist Class, Patti, on 27-5-1988 and sentenced to rigorous imprisonment for a period of two years and a fine of Rs. 4000/- and in default of payment of fine to undergo rigorous imprisonment for a period of four months as a consequence of trial held for recovery of 41 Kilograms of opium which the accused was carrying in a bag on 4-12-1982 near a bridge in village Lakhna in. District Amritsar. The raiding party was headed by Shri Sardul Singh Sub Inspector of Police. The conviction as well as sentence has been upheld by Shri K.S. Uppal, Additional Sessions Judge, Amritsar, on 2-3-1990. The present revision has been attempted by the convict and the quantum of sentence awarded alone is under consideration.

(2.) THE quantity recovered is 41 Kilograms of opium and such a case does not call for leniency nor there is any important factor in support of the leniency claimed except that the revisionist is a first offender. On behalf of the accused attention has been invited to Surinder Kumar v. The State of Haryana, 1988(1) Recent CR 255 where in a case of recovery of about 10 Kilograms of opium the convict was granted benefit of Probation of Offenders Act. The distinguishing feature was that in the aforesaid case of District Ambala the convict Surinder Kumar was otherwise found to be holder of National Certificate from an Institute. As seen above the case now in hand does not call for reduction in the quantum of sentence. The revision is hereby dismissed.