RAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) I have heard the learned counsel for the parties and with their assistance have gone through the record of the case.

(2.) Ram Singh petitioner was convicted for the offence under Section 9 of the Opium Act and was sentenced to undergo rigorous imprisonment for 1-1/2 year and to pay a fine of Rs. 1,000/- for allegedly having found in possession of 10 Kgs. of opium without any licence of permit. The charge under Section 9 of the said Act stands proved from the statements of PW1 ASI Bhagwan Singh, PW2 Constable Kabal Singh, PW3 MHC Sukhwinder Singh and PW4 Surinder Kumar. Their testimony has not been shaken in the cross-examination and this aspect of the case has been rightly considered by the Courts below. The recovery is heavy and it is not believable that this heavy recovery would be planted by the Investigating officer from his personal resources. However, this court is inclined to reduce the substantive sentence of the petitioner as the recovery was effected on 11.2.1984 and since then he is suffering the agony of the criminal proceedings.

(3.) Resultantly, the substantive sentence of the petitioner is hereby reduced to four months. The imposition of fine is not disturbed.