Criminal Revision No. 383 of 1992 1 In the High Court of Punjab and Haryana, Chandigarh. Criminal Revision No.383 of 1992 Date of Decision: 26.2.2008. Surjit Singh …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mrs. Sangeeta Dhanda, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) Surjit Singh was tried in a complaint case instituted by District Drugs Inspector, Patiala for an offence under Section 27(b)(ii) read with Section 18(c) and Section 28 read with Section 18A of the Drugs and Cosmetic Act, 1940 (for short “the Act”). Case of the prosecution is that on 5.1.1985 Mr. M.L.Gupta, the then District Drugs Inspector, Patiala, accompanied by Mr. Harbans Singh, Drugs Inspector, Dr. R.C. Gupta, Senior Medical Officer, Fatehgarh Sahib and Dr.Swaran Singh, Sub Divisional Magistrate, Criminal Revision No. 383 of 1992 2 Fatehgarh Sahib, carried inspection on the shop of petitioner, which is situated in Bazaar Sarafan near Sub Jail, Bassi Pathana. It is stated that 20 types of allopathic drugs were found lying in the shop of the petitioner for the purpose of sale and distribution. Learned trial Court after relying upon the testimony of official witnesses, convicted the petitioner for a period of one year and a fine of Rs.5,000/-, in default thereof to undergo rigorous imprisonment for six months under Section 27(b)(ii) of the Act. He was also sentenced to rigorous imprisonment for three months under Section 28 of the Act. Both the sentences were ordered to run concurrently. Aggrieved against the same, petitioner has filed an appeal in the Court of learned Additional Sessions Judge, Patiala, who maintained the conviction but reduced the sentence from one year to four months. Sentence of fine and other sentences were maintained. Petitioner was taken into custody on 18.5.1992 and was granted bail by this Court on 3.6.1992. It has been contended by learned counsel for the petitioner that the petitioner has undergone about 16 days of his actual sentence of four months. Learned counsel has further contended that since the occurrence pertains to January 1985, a period of about 23 years has lapsed. She has prayed that sentence of petitioner be reduced to already undergone. The protracted trial of 23 years is sufficient in itself to reduce the sentence of four months to already undergone. However, sentence of fine is enhanced from Rs.5,000/- to Rs.10,000/-, which shall be paid within three months in the trial Court. Non-deposit of fine shall be Criminal Revision No. 383 of 1992 3 considered as dismissal of present revision petition. With these modifications, the present revision petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge February 26, 2008 “DK”