KANA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED Kana was convicted under and was sentenced to six months rigorous imprisonment with a fine of Rs. 1,000/ - by the learned Chief Judicial Magistrate, Barmer, vide his judgment dated July 28, 1978. The accused went in appeal which was heard and decided by the learned Sessions Judge, Balotra, by this judgment dated May, 11 1979. His appeal was partly allowed. His conviction under Section 9 of the Opium Act was maintained but the sentence of imprisonment was reduced to three months and the sentence of fine was reduced to Rs. 200/ -. The accused has now come up in revision.

(2.) IN view of the concurrent findings of the courts below Mr. J.R. Choudhary, learned counsel for the accused did not challenge the conviction. The only submission made by him is that the sentences awarded are heavy and excessive. The accused was found in possession of only 150 Gms. of contraband opium. He has already undergone 17 days in jail. The accused is more then 50 years in age. It was submitted that as such, it would not be proper to resend him to jail. It was prayed that a lenient view in the matter of sentence should be taken.

(3.) I have taken the respective submission into consideration. Admittedly the accused was found in possession of only 150 Gms. of contraband opium long back in 1976. He has already remained in custody for 17 days. The accused is now more than 55 years of age. Taking all these factors into consideration it would be proper to further reduce the sentence of imprisonment awarded to him.