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Judgment
15 paragraphs · 251 wordsKanwaljit Singh Ahluwalia, J.—On 6.10.1982, the petitioner was apprehended and 30 Kgs. 500 gms. of opium was recovered from his
possession. He was tried u/s 9 (1)(78) of Opium Act. Offence pertains before the enactment of Narcotic Drugs and Psychotropic Substances Act,
1985. He was convicted by the Court of learned Judicial Magistrate 1st Class, Ajnala and was awarded sentence of rigorous imprisonment for
three years and to pay a fine of Rs.5000/- and in default of payment of fine, he was sentence to further undergo rigorous imprisonment for one
year.
His conviction and sentence was maintained by learned lower Appellate Court.
Mr. Ghai has fairly stated that he is unable to challenge the conviction.
Mr. Ghai has stated that in para 6 of the appeal, he has stated that the petitioner is 80 years old and almost blind. But this fact is not borne out
from the record.
Be as it may, occurrence in the present case pertains to 1982. A period of more than 25 years has lapsed. Recovery being very heavy, sentence
of petitioner cannot be reduced to already undergone or he cannot be released on probation under the Probation of Offenders Act, 1985, as
prayed by Mr. Ghai.
Taking the protracted trial of more than 25 years as a mitigating circumstance, I reduce the sentence of petitioner from three years to two years.
However, sentence of fine shall remain the same.
With these observations, the present revision petition stands disposed of.