KHUSHAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KHUSHAL Singh petitioner was convicted by the Judicial Magistrate First Class, Dasuya under Section 9 of the Opium Act and was sentenced to one year's Rigorous Imprisonment and a fine of Rs. 500/ -, in default of payment of fine to undergo further Rigorous Imprisonment for three months. The appeal filed by the petitioner against the aforesaid conviction and sentence was dismissed by the Additional Sessions Judge, Hoshiarpur.

(2.) AT the Motion Stage, notice in the present Revision Petition was issued only in regard to sentence. Even otherwise, the conviction of the petitioner under Section 9 of the Opium Act is well -based in view of the testimony of Sub -Inspector Balbir Singh (PW -2) and Murari Lal, Constable (PW -1) who had intercepted the petitioner on July 10, 1984 and found him to be in possession of 2 kgs. and 10 gms. of opium. As regards the question of sentence, it is submitted that the petitioner is a first offender and after the dismissal of his appeal by the Additional Sessions Judge on January 20, 1986, he has been in confinement till today. This is apart from the confinement which he must have undergone during investigation etc. The submission, therefore, is that the period of confinement already undergone by the petitioner may be deemed to be sufficient punishment to him. I am inclined to agree with this submission. Accordingly, while the conviction of the petitioner under Section 9 of the Opium Act is maintained, his sentence of imprisonment is reduced to the period of confinement already undergone by him. However, the sentence of fine of Rs. 500/ - and three months Rigorous Imprisonment in default of payment of fine thereof, are maintained. If the petitioner has paid or pays this fine, he shall be released forthwith.

(3.) THE Revision Petition is partly accepted to the extent, indicated above. Revision petition party accepted.