GURMUKH SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) GURMUKH Singh petitioner was convicted by the Additional Chief Judicial Magistrate, Karnal, under Section 9 of the Opium Act and was sentenced to one year's Rigorous Imprisonment and a fine of Rs. 250/ -, in default of payment of fine to undergo three months' further Rigorous Imprisonment. His appeal against the aforesaid conviction and sentence was dismissed by the Sessions Judge, Karnal.

(2.) AT the time of Motion hearing of this Revision Petition, notice was ordered to be issued only in regard to sentence. As per order passed on that occasion, the report of the Probation Officer concerned was requisitioned with a view to assess as to whether the benefit of probation should be granted to the petitioner, or not. The report of the Probation Officer has been received and the same is not quite favourable to him. This being so, the question of the petitioner being released on probation does not arise. However, the learned counsel for the petitioner has submitted that the occurrence in question is of July 7, 1981 and the petitioner has suffered the agony of a protracted trial, appeal etc. for a period of five years by now. He is a first offender, there being no previous conviction proved against him on the recored. It is also submitted that the article recovered was only poppy husk, which though technically falls within the definition of opium, but is otherwise only the residue of the plant from which the opium has been already extracted. It is further contended that the petitioner has undergone a confinement of about two months. Considering all the circumstances, in my view the confinement already undergone by the petitioner would meet the ends of justice. Consequently, while the conviction of the petitioner under Section 9 of the Opium Act is affirmed, his sentence of imprisonment is reduced to the period of confinement already undergone by him. However, the sentence of fine of Rs. 250/ - and three months Rigorous Imprisonment in default of payment thereof, are maintained. If the petitioner has paid the fine, he shall be released forthwith.

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