DHOKAL RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED Dhokal Ram was convicted under Section 9 of the Opium Act and was sentenced to six months rigorous imprisonment with a fine of Rs. 1,000/ -by the learned Munsif and Judicial Magistrate, Phalodi vide his judgment dated 27 -9 -1978. The accused went in appeal which was heard and decided by the learned Additional Sessions Judge No. 2, Jodhpur. The learned Additional Sessions Judge dismissed the appeal and maintained the conviction and sentence of the accused. The accused has now come up in revision.

(2.) IN view of the concurrent findings of the two courts below Mr. Singhvi, learned counsel appearing for the accused, did not challenge the conviction. The only submission made by him is that the accused remained in custody from 3 -8 -1972 to 10 -8 -1972 and from 23 -4 -1979 to 23 -5 -1979. it was argued that the offence was committed long back in 1972 and looking to the long interval it would not be proper to re -send the accused to jail. It was also stated that only 2 Kg. 260 Gms. of contraband opium was found in possession of the accused. It was submitted that a lenient view in the matter of sentence should be taken.

(3.) I have taken the respective submissions into consideration. Admittedly the offence took place in August, 1972. The accused was found in possession of contraband opium weighing 2 Kg. 260 Gms. He had already remained in custody for one month and eight days. Looking to the long interval in between the commission of the offence and today, it would not be proper to re -send him to jail. The ends of justice would be evenly balanced if the sentence of the accused is reduced to that already undergone by him.