MOHINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER Mohinder Kaur is before this Court in the instant revision petition as she stands convicted under Section 9(a) of the Opium Act (in short the Act) by the learned Judicial Magistrate Ist Class, Amritsar vide judgment dated 27.2.1989 for keeping in her conscious possession 5 kgs. of opium on 27.10.1983. She has been sentenced to undergo RI for one year and to pay a fine of Rs. 500/-, in default of payment of which to suffer further RI for two months. Aggrieved by the impugned judgment of conviction and sentence, she knocked the doors of Court of Session, but met the same fate on merits vide judgment dated 24.1.1990 of learned Additional Sessions Judge, Amritsar. However, the sentence of one year was reduced to 8 months in appeal, though the sentence of fine and default clause was kept intact.

(2.) I have heard Mr. P.S. Hundal, learned counsel for the petitioner and Mr. Narinder Kapoor, AAG, Punjab. With their assistance I have carefully perused the entire record.

(3.) THE learned State counsel is also not in a position to controvert the factum of detention period of the petitioner.