Criminal Revision No.333 of 1992 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.333 of 1992 Date of decision: February 15, 2008 Wirsa Singh … Petitioner Versus State of Punjab … Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Navkiran Singh, Advocate for petitioner Mr. Mehardeep Singh, Assistant Advocate General, Punjab for the State Kanwaljit Singh Ahluwalia, J. (Oral) On January 31, 2008, this Court passed the following order: “Mr.Navkiran Singh, Advocate, appearing on behalf of the petitioner states that at the time of occurrence, the petitioner was aged about 57 years and at present is about 80 years. He further states that for the last so many years, the petitioner is not in contact with him. Mr.Navkiran Singh, Advocate, appearing for the petitioner may also present any proof of age before this Court by filing an application. The needful be done within a week from today. Adjourned to 15.02.2008.” Criminal Revision No.333 of 1992 2 Mr.Navkiran Singh, appearing for the petitioner, has been unable to furnish any proof of age but has brought to my notice that in the head note of the trial Court judgment and in the opening line of the judgment age of the Wirsa Singh is recorded as 57 years. Thus, Mr.Navkiran Singh contends that in 1985 Wirsa Singh was 57 years of age and today he should be of more than 80 years. The case of the prosecution is that petitioner was found in possession of 4 kg 910 gms of opium. It is stated in the FIR No.161 dated 04.05.1985 lodged at Police Station Saddar, Patiala that police party consisting of ASI Des Raj and ASI Bachittar Singh, when they were on patrol duty, apprehended the petitioner and from him contraband of 4 kg 910 gms of opium was recovered. Prosecution, in order to substantiate its case has examined ASI Des Raj PW-1 and SI Bachittar Singh PW-2. Sardar Singh, independent witness was given up as won over. Two courts below have placed implicit reliance on the testimony of the official witnesses and have came to the conclusion that the petitioner was guilty of offence under Section 9 of the Opium Act and the trial Court convicted him to two years rigorous imprisonment and to pay a fine of Rs.500/- and in default to undergo two months rigorous imprisonment. However, in appeal the sentence was reduced to 1 ½ years. Unable to assail the testimony of the official witnesses, Mr.Navkiran Singh has stated that the two factors, i.e. age of the petitioner i.e., 80 years and that he has suffered a protracted trial for about 23 years may be taken into consideration and the sentence may be adequately reduced. Even though, I find arguments raised by Mr.Navkiran Singh to be valid that the accused has suffered a protracted trial and is of 80 years of age, this Court cannot become oblivious of the fact that the Criminal Revision No.333 of 1992 3 recovery effected from the petitioner was about 5 kg of the opium. Mr.Navkiran Singh, on the instructions of the parokars, has also stated at bar that in the last 23 years, petitioner has not committed any offence of this nature and has been leading a life of honest and peaceful citizen. To send a man of 80 years, behind the bars after 23 years, in itself is a dilemma. This Court will tend to err on the side of reformation and give an opportunity to the petitioner to continue with good behaviour and conduct as in the last stage of his life, sending him behind the bars will serve no useful purpose. Therefore, petitioner is ordered to be released on probation under Probation of Offenders Act for a period of nine months to maintain good conduct, behaviour and peace. On or before 15th May, 2008, he will furnish bonds to this effect in the Court of Chief Judicial Magistrate, Patiala. However, sentence of fine is enhanced to Rs.25000/-, which shall be treated as cost of litigation. If the cost of litigation is not deposited on or before 15th May, 2008, present revision petition shall stand dismissed. Revision disposed off in above terms. [Kanwaljit Singh Ahluwalia] Judge February 15, 2008. rps