PARSHOTAM LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) FOR having been found in possion of 1 -1/2 Kgs. of opium, the petitioner was charged under Section 9 of the Opium Act before the Chief Judicial Magistrate, Ferozepur. Finding him guilty thereunder, he was convicted and sentenced to 1 -1/2 years, rigorous imprisonment and a fine of Rs. 750/ - was imposed on him. On appeal, the learned Additional Sessions Judge, Ferozepur, in an exhaustive judgment has upheld the conviction but reduced his sentence of imprisonment to six months while maintaining the sentence of fine. He has now come up in revision.

(2.) THE learned counsel for the petitioner is unable to challenge the petitioner's conviction on merit. The only prayer made has been for the reduction of sentence. Emphasis is laid on the facts that the occurrence look place in the year 1982 and the petitioner was hardly 19 years of age at the alleged time of occurrence. There is, however, marginal scope for reduction in the sentence in view of the facts that the conviction is not challenged and the case is now an old one. I accordingly reduce his sentence of imprisonment to three months but impose a fine of Rs. 750/ - on him in addition to the fine imposed by the trial Court as I feel that it will meet the ends of justice. In case of default of payment of fine, he shall suffer further rigorous imprisonment for six months.

(3.) WITH this modification in the sentence, the revision petition is dismissed.