Criminal Revision No. 564 of 1990 1 In the High Court of Punjab and Haryana, Chandigarh. Criminal Revision No.564 of 1990 Date of Decision: 25.01.2008. Gopal Singh …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Amrik Singh Kalra, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) Gopal Singh alias Palli has preferred this revision petition as he was tried in case FIR No. 223 dated 29.4.1984 registered at Police Station City Kotwali, Ludhiana, under Section 9 of the Opium Act. It is stated that recovery of 1 Kg. of opium was effected from the possession of the petitioner. Petitioner was sentenced by the Court of learned Judicial Magistrate Ist Class, Ludhiana, to undergo rigorous imprisonment for six months and to pay a fine of Rs.1000/- and in default of payment of fine, to further undergo rigorous imprisonment for three months. In appeal filed by the petitioner, the conviction and sentence awarded by the trial Court was maintained by the Court of learned Criminal Revision No. 564 of 1990 2 Additional Sessions Judge, Ludhiana. Mr. Kalra has stated that the occurrence pertains to year 1984 before the enactment of Narcotic Drugs and Psychotropic Substances Act, 1985. He has further stated that a period of 24 years has lapsed and the petitioner has not committed any other offence and living life of peaceful citizen. He has further stated that his act and antecedents should be taken into account by this Court. Mr. Mehardeep Singh, learned Assistant Advocate General, Punjab has submitted that as per the information of State, there is no case against petitioner. Learned counsel for the petitioner has been unable to assail the findings returned by the two Courts below. He is in agreement with me that in revision, he will not be able to assail the testimony of two witnesses. A perusal of trial Court judgment shows that in the year 1984 petitioner was aged 40 years and now he is about 64 years of age. Since the period of 24 years has lapsed and sending the petitioner behind the bar will not advance any interest of justice, accordingly the sentence of petitioner is reduced to already undergone as Mr. Kalra has stated that he has undergone about 15 days after his dismissal of appeal by learned Appellate Court and a few days as under-trial. However, a fine of Rs.20,000/- is awarded to the petitioner, which he shall pay in the Court on or before 31.3.2008 in the Court of Chief Judicial Magistrate, Ludhiana. In case the petitioner will not deposit fine in the Court, the present revision petition shall deem to have been dismissed. Criminal Revision No. 564 of 1990 3 With these modifications, the present revision petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge January 25, 2008 “DK”