Mohinder Singh vs State of Punjab

K. S. Bhalla, J.

Assistant Sub Inspector Lachhman Singh of police station Mamdot picketed a place within the revenue limits of village Pojoke on May 20, 1984, early in the morning. At about 5.00 A.M. petitioner Mohinder Singh accompanied by another person was noticed by the members of the picketing party which consisted of police and Border Security Force, coming from the side of village Kalu Rai Dhuan. When they were challenged, petitioner Mohinder Singh ran towards northern side and the other person made an attempt to slip away towards southern side. Feeling suspicious petitioner Mohinder Singh was apprehended and his person was duly searched by Assistant Sub Inspector Lachhman Singh. On the said search Opium wrapped in glazed paper was recovered from a gunny bag which was being carried on the head of petitioner Mohinder Singh. On weighing the same turned out 10 kgs. 10 Grams of that substance were separated as sample and the sample as well as the remaining bulk were duly scaled and taken into possession vide recovery memo Exhibit PO, Ruqa was sent for registration of the case and on the basis thereof, formal first information report was registered. Ultimately on chemical examination, the sample was found to be that of opium resulting in prosecution of the petitioner. On trial, Judicial Magistrate Ist Class, Ferozepur, vide his judgment dated October 24, 1986, convicted the petitioner under Section 9 of the Opium Act and sentenced him to undergo rigorous imprisonment for two years as well as to pay fine of Rs. 1000/, in default of payment of which fine, he was directed to undergo rigorous imprisonment for a further period of two months.

Feeling aggrieved by his conviction and sentence petitioner Mohinder Singh preferred an appeal which was dismissed by the learned Additional Sessions Judge, Ferozepur, vide his judgement dated May 25, 1987. The Appellate Court however, reduced the sentence of imprisonment to 11/2 years. Against that order, the present revision has been preferred by petitioner Mohinder Singh.

I see no illegality, impropriety or incorrectness in the impugned order. The recovery of opium is supported on the record by Assistant Sub Inspector Lachhman Singh and Head Constable Kashmir Singh, both of whom have made consistent and unimpeachable statements. The quantity of the opium recovered also provides effective corroboration in the sense that no petty police officer can possibly procure commodity of that high value merely for the sake of plantation and also would never risk confiscation of commodity of huge value for the sake of single conviction. In fact conviction was neither seriously assailed and notice was given with regard to sentence only. Under the circumstances, I see no scope for interference so far as the conviction of the petitioner Mohinder Singh is concerned.

As regards sentence, it is obvious from the order of the trial Court that the petitioner is a first offender and a youngman. He is facing the music or criminal trial for the last more than four years. Taking into consideration the pangs of a protracted trial as well as other circumstances referred to above, I feet that the petitioner deserves some leniency. The sentence of imprisonment awarded to the petitioner by the Appellate Court is therefore, further reduced by six months meaning thereby that he shall undergo rigorous imprisonment for one year apart from the sentence of fine, which is maintained along with the sentence in default of payment thereof. But for this modification in the sentence, this revision petition is dismissed.

Revision dismissed