Criminal Revision No. 747 of 1990 1 In the High Court of Punjab and Haryana, Chandigarh. Criminal Revision No.747 of 1990 Date of Decision: 25.01.2008. Daljit Singh …Petitioner Versus State of Haryana …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Ms. G.K. Hundal, Advocate for the petitioner. Ms. Shalini Attri, Assistant Advocate General, Haryana, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) Daljit Singh son of Avtar Singh has preferred the instant revision petition. He was tried in case FIR No. 253, dated 6.5.1985, Police Station City Ambala under Section 9 of the Opium Act. It was stated that on 6.5.1985 a recovery of 1 Kg. of opium was effected from the petitioner by the police party. Ms. G.K.Hundal has stated that the petitioner was awarded sentence of six months rigorous imprisonment and a fine of Rs.200/-, in default thereof, further to undergo rigorous imprisonment for a period of one month by the Court of learned Chief Judicial Magistrate, Ambala on 15.7.1988. Appeal of the petitioner was also dismissed by the Court of learned Sessions Judge, Ambala , on 23.8.1990. Criminal Revision No. 747 of 1990 2 She has stated that in the present case occurrence has taken place in the year 1985. A period of 23 years has lapsed and in these years, the petitioner has committed no offence and has been earning his livelihood by honest means. She has stated that at that time as per head note of the trial Court judgment, petitioner was 24 years of age and in the last 23 years not only the petitioner is married but has got children also and in case the petitioner is sent back to jail, there is every apprehension that the wife and children will go to vagaries. Learned counsel for the State has contended that as per information, no case is pending against the present petitioner. I find merit in the contentions of Ms. Hundal. No useful purpose will be served by sending the petitioner to jail. Accordingly, I reduce the sentence of petitioner to the sentence already undergone. However, I enhance the sentence of fine from Rs.200/- to Rs.25,000/- which he shall deposit in the Court on or before 31.3.2008. Non-payment of fine by the petitioner in the Court will be considered as dismissal of the present revision petition and the petitioner will undergo the sentence awarded to him by the Courts below. With these modifications, the present revision petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge January 25, 2008 “DK” Criminal Revision No. 747 of 1990 3