SHRI SARUP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER Sarup Singh stands convicted by the learned Judicial Magistrate, Ist Class, Patti (District Amritsar) vide impugned document dated 11.5.1988 under Section 9 of the Opium Act (for short, the Act) for allegedly keeping in his conscious possession 4 kgs. of opium on 29.11.1983 when he was apprehended by ASI Harbans Singh, who was present at a particular juncture alongwith other police officials. He has been sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 2,000/ -, in default thereof to further suffer RI for six months. Aggrieved by the impugned judgment of conviction and sentence, the Petitioner preferred an appeal but the same has also been dismissed on merits vide impugned judgment of learned Additional Sessions Judge, Amritsar dated 19.1.1990. However, the substantive sentence of two years was reduced to one year with no change in the order of sentence of fine or the default clause. Hence this revision.

(2.) MR . Hundal does not join issue on merits of the case and confines his arguments with regard to quantum of sentence only.

(3.) THE learned State Counsel has opposed the submissions made on behalf of the Petitioner, submitting that since the recovery is heavy, no lenient view should be taken regarding quantum of sentence.