TARSEM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision has been directed against the order of conviction and sentence recorded by judicial Magistrate 1st Class, Amritsar, dated 4.11.1987 vide which the petitioner was held guilty under Section 9 of the Opium Act and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/- and in default of payment thereof to further undergo rigorous imprisonment for one mont.

(2.) Briefly, put the prosecution case has been that on 2.8.1981, Sub Inspector Sardul Singh along with other Police officials was going from Gate Hakima towards Indra Colony in connection with patrolling. When they reached near the Railway Phatak, the petitioner met them while coming from Jhabal side. He was apprehended on suspicion and 20 kgs. of opium was recovered. Sample of 50 gms. was separated in a parcel and the remaining contraband was put in drumi Ex.P-1. Both the sample and the drumi ex.P-1 were sealed separately with the seal bearing impression SS and taken into possession vide recovery memo Ex.PA. Intimation was sent to the Police Station on the basis of which formal F.I.R. Ex.P.8/1 was recorded.

(3.) Shri A.S. Kalra, learned counsel for the petitioner has only argued the case on the quantum of sentence. He states that the maximum punishment that can be imposed under the N.D.P.S. Act is on eyear. At the time of commission of offence the petitioner was 20 years of age and happens to be the first offender and it is a fact that the petitioner has already undergone the agonising trial for a long period.