Gurdev Singh vs State of Punjab

S. S. Dewan, J.

Gurdev Singh petitioner was found in possession of 5 kgs. of opium. He was convicted under S. 9 of the Opium Act and sentenced to 2 years rigorous imprisonment and a fine of Rs. 500/ by the SubDivisional Judicial Magistrate, Phul, on January 23, 1982. On appeal, the learned Additional Sessions Judge, Bhatinda, in a considered judgment upheld the conviction but reduced his sentence of imprisonment to one year while maintaining the sentence of fine with its default clause. He has now come up by way revision.

It is unnecessary to recount the facts. The conviction of the petitioner rests on the testimony of Assistant SubInspector Joginder Singh, PW 1 and SubInspector Bhagwan Singh, PW. 2. The Courts below have placed reliance on their testimony and the learned defence counsel has been unable to seriously challenge the aforesaid findings. In fact, the conviction has not been assailed seriously on merits. The primary thrust of the learned counsel for the petitioner is to claim the benefit under the Probation of Offenders Act, I am unable to agree. The quantity of the opium recovered from the possession of the petitioner is quite heavy. There is, however, marginal scope for reduction in the sentence in view of the fact that the offence was committed as far back as 1980. I would accordingly reduce his sentence of imprisonment to 6 months but impose a fine of Rs. 1000/ in addition to the fine imposed by the trial court as in my opinion it would meet the ends of justice. In case of default of payment of fine, he shall suffer rigorous imprisonment for 6 months.

With this modification in the sentence, the revision petition is, dismissed.