GURSEWAK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GURSEWAK Singh petitioner was brought to trial for an offence under Section 9 of the Opium Act. He having been found guilty thereof was convicted and sentenced to suffer rigorous imprisonment for 1 -1/2 years and a fine of Rs. 1500/ - by the Chief Judicial Magistrate, Faridkot on February 15, 1985. On appeal, the learned Additional Sessions Judge, Faridkot, in a lucid and elaborate judgment upheld his conviction but reduced his sentence of imprisonment to one year while maintaining the sentence of fine with its default clause. He has now come up in revision.

(2.) THE learned counsel for the petitioner is unable to challenge the petitioner's conviction on merits. The only prayer made had been for the reduction in the sentence. Emphasis is laid on the fact that the occurrence took place in the year 1983 and the petitioner is a first offender. There is, however marginal scope for reduction in the sentence in view of the fact that the conviction is not challenged. The petitioner being a first offender, is also young in age. I accordingly reduce his sentence of imprisonment to 4 months. The sentence of fine with its default clause shall, however, remain.

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