SUKHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the judgment and order dated 11.2. 1993 passed by the Additional Sessions Judge, Beawar in Cr. Appeal No. 37190 whereby he has upheld the conviction and sentence recorded and awarded by the Judicial Magistrate, Beawar in Cr. Case No. 580/81 on 25.9.1990. Thus, the petitioner has been convicted u/s. 419 of the Opium Act and has been sentenced to one years rigorous imprisonment and a fine of Rs. 300/-, in default of payment of fine further one months simple imprisonment.

(2.) Shri Naqvi appearing for the petitioner has kept his challenge confined to the quantum of sentence in this revision petition and submitted that in the facts and circumstances of the case a lenient view may be taken.

(3.) The trial which was started with reference to incident dated 13.3.1981 resulted in conviction and sentence on 25.9.1990 and the appeal was decided on 11.2.1993. Shri Naqvi has submitted that the petitioner has faced the agony of the trial and the proceedings against him for a period of nearly 12 years. It has further, been submitted that the petitioner has remained in jail earlier from 13.3.1881 to 1.4.1981 i.e. for a period of 20 days and at present he is in jail since 11.2.1993 and till t today he is in jail i.e. for a period of about 51 days. J. Shri Naqvi has submitted that the accused petitioner has, thus, remained in jail for a period of 11 nearly 71 days. He has placed reliance on Bhurelal a v. State, in which Honble Justice S.C. Agarwwal as he then was has considered a case in which at quantity of opium recovered was 7.300 Kg. (as against 65 Kg. in the present case); the accused in that case had faced the trial for a period of nearly 15 years and had remained in custody for a period of 23 days. In the aforesaid case of Bheru Lal, a linient view was taken and the sentence of 2 years was reduced to the sentence already undergone i.e. 23 days.