BABU SINGH Vs. STATE OF PANJAB

JUDGEMENT

(1.) THIS Revision Petition has been preferred by Bahu Singh against his conviction under section 9 of the Opium Act, for which offence he has been sentenced to nine months Rigorous Imprisonment and a fine of Rs. 500/ -, in default of payment of fine to undergo further Rigorous Imprisonment for six months. The petitioner had failed in both the Courts below.

(2.) AT the time of the hearing of the Revision Petition, the learned counsel for the petitioner, Mr. J. S. Virk did not impugn the conviction of his client under section 9 of the Opium Act, and rightly so, as the same is based upon the umim peachable testimony of Sub inspector Raj Kishan (PW 3). The two other witness produced by the prosecution were, however, declared hostile, but the Courts below placed reliance upon the testimony of the Sub Inspector, which was found to be absolutely reliable.

(3.) THE learned counsel for the petitioner has, however, submitted that the petitioner is an old man more than fifty years of age and is a first offender. The quantity of opium recovered from him is one Kg. discovered from his house in consequence of his disclosure statement. The submission is that the petitioner is obviously not a trader in opium and a lenient view in regard to the sentence may be taken. I am inclined to agree with the learned counsel in this respect. The petitioner has undergone a confinement of about one month by now. Accordingly while maintaining the conviction of the petitioner under section 9 of the Opium Act, his sentence is reduced to the period of confinement already undergone by him. However, the sentence of fine imposed upon him is enhanced from Rs. 500/ - to Rs. 2,000/ -. In default of payment of fine the petitioner is ordered to undergo further Rigorous Imprisonment for six months.