Criminal Revision No. 916 of 1989 1 In the High Court of Punjab and Haryana, Chandigarh. Criminal Revision No. 916 of 1989 Date of Decision: 29.01.2008. Gurcharan Singh …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. M.S. Dhillon, Advocate for the petitioner. Mr. Jaspreet Singh Sandhu, Assistant Advocate General, Punjab for the State. Kanwaljit Singh Ahluwalia, J. (Oral) On 18.1.1982, petitioner was apprehended carrying one iron tin of small size from which recovery of 4 Kgs. of opium was effected. He was convicted under Section 9 of Opium Act by the Court learned Judicial Magistrate Ist Class, Ludhiana, on 12.11.1988. Aggrieved against the same, he preferred an appeal. The appeal was dismissed by the Court of learned Additional Sessions Judge, Ludhiana, on 12.10.1989. Mr. Dhillon appearing for the petitioner states that in the revisional Court it will be difficult for him to dislodge the testimony of witnesses as he is conscious of the fact that the revisional Court cannot Criminal Revision No. 916 of 1989 2 re-appreciate the evidence. In the alternative, Mr. Dhillon has prayed that in the present case recovery was effected on 18.1.1983. A period of 25 years has lapsed. He contends that the petitioner has suffered a protracted trial. Mr. Dhillon has further submitted that the sentence may be reduced to already undergone or the petitioner should be released on probation. The petitioner was tried before the enactment of Narcotic Drugs and Psychotropic Substances Act, 1985. Recovery is of 4 Kgs. of opium and benefit of already undergone or probation cannot be extended. However, taking the totality of the circumstances that the petitioner has suffered protracted trial for 25 years, the sentence of petitioner is reduced from one year to six months rigorous imprisonment. However, sentence of fine is enhanced to Rs.5,000/-. In default of payment of fine, he will further undergo rigorous imprisonment of one month. With these modifications, the present revision petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge January 29, 2008 “DK”