Kana vs State of Rajasthan

Shyam Sunder Byas, J.—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 u/s 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.

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.

In reply the learned Public Prosecutor submitted that the offence was of serious nature and adversely affects the revenue of the State. The accused is, therefore, not entitled to any further reduction in the sentence.

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.

In the result the revision of accused Kana is partly allowed. His conviction u/s 9 of the Opium Act is maintained, but the sentence of imprisonment awarded to him is reduced to the period already undergone by him. The sentence of fine is maintained. The accused is allowed two months time to deposit the fine in the trial court failing which the learned Magistrate will proceed against him according to law.