KARNAIL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) (Oral) - Petitioner was named as accused in case FIR No. 628 dated 7.10.1985 registered at Police Station City, Karnal under Section 9 of the Opium Act. On 14.11.1985, Narcotic Drugs and Psychotropic Substances Act (for short the Act) came into force but since the petitioner was caught a few days before the enactment of the Act has been tried and convicted under the Opium Act.

(2.) CASE of prosecution is that Assistant Sub Inspector Dharam Singh of Police Station City, Karnal, was present in the Urban Estate Chowk, G.T. Road, Karnal, when he apprehended the accused and from his personal search got recovered 500 grams of opium. After report under Section 173 Cr.P.C. was submitted, the petitioner was charged under Section 9 of the Opium Act, to which he pleaded not guilty and claimed trial. Prosecution examined Head Constable Om Pal, who was recovery witness, as PW.1, Inspector Karnail Singh as PW.2 regarding registration of case, Assistant Sub Inspector Dharam Singh as PW.3 who apprehended the accused and investigated the case, Moharrir Head Constable Karta Ram as PW.4 regarding recovery of opium. Affidavits Ex. PX and Ex. PY were submitted to complete link evidence. Ex. PZ is report of Chemical Examiner regarding the presence of morphine in the opium.

(3.) TAKING the totality of circumstances, antecedents of the accused, protracted trial of 23 years, ends of justice will be met if sentence of petitioner is reduced to already undergone. However, sentence of fine is enhanced from Rs. 1,000/- to Rs. 10,000/-, which shall be paid by him on or before 30.5.2008. Non-deposit of fine by the petitioner shall be construed as dismissal of present revision petition. With these modifications, the present revision petition is disposed off. Petition dismissed.