BHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BHAJAN Singh, petitioner was convicted by Sub -Divisional Judicial Magistrate, Samrala 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, he was ordered to undergo further rigorous imprisonment for one month. His appeal against the aforesaid conviction and sentence was dismissed by the Additional Sessions Judge, Ludhiana.

(2.) NOTICE in the present Revision Petition was issued at the Motion Stage only in regard to sentence. In so far as the conviction of the petitioner is concerned, the same stands fully substantiated by the testimony of Assistant Sub -Inspector Birbal Dass (PW -1), and Sub -Inspector Amrik Singh (PW -2), both of whom are members of the Police Party which had gone for investigation of another case and had come across the petitioner per chance. The search of the person of the petitioner revealed the presence of 2 kgs. of opium in a jhola which the petitioner carried on his shoulder. A sample of the article was obtained and the report of the Chemical Examiner confirmed that the recovered articled was opium. The conviction of the petitioner under Section 9 of the Opium Act is therefore well -based and the same is affirmed.

(3.) ON the question of sentence the learned counsel for the petitioner has submitted that the petitioner has undergone a confinement of about two months and he was a first offender. It was also noticed by the trial Court that the petitioner had undergone the agony of the trial for about one year. The submission, therefore, is that the period of confinement undergone by the petitioner may be deemed to be sufficient punishment for the offence. I am inclined to agree with the learned counsel in this behalf. Accordingly, the sentence of imprisonment of the petitioner is reduced to the period of confinement already undergone by him. The sentence of fine of Rs. 500/ - and one month's rigorous imprisonment in default of payment thereof are, however, maintained. If the petitioner has paid or pays the fine, he shall be released forthwith.