Criminal Revision No. 676 of 1991 1 In the High Court of Punjab and Haryana, Chandigarh. Criminal Revision No. 676 of 1991 Date of Decision: 30.01.2008. Mohinder Singh …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Bipan Ghai, Advocate for the petitioner. Mr. Ranbir Singh Rawat, Assistant Advocate General, Punjab, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) On 6.10.1982, the petitioner was apprehended and 30 Kgs. 500 gms. of opium was recovered from his possession. He was tried under Section 9 (1)(78) of Opium Act. Offence pertains before the enactment of Narcotic Drugs and Psychotropic Substances Act, 1985. He was convicted by the Court of learned Judicial Magistrate Ist Class, Ajnala and was awarded sentence of rigorous imprisonment for three years and to pay a fine of Rs.5000/- and in default of payment of fine, he was sentence to further undergo rigorous imprisonment for one year. His conviction and sentence was maintained by learned lower Appellate Court. Criminal Revision No. 676 of 1991 2 Mr. Ghai has fairly stated that he is unable to challenge the conviction. Mr. Ghai has stated that in para 6 of the appeal, he has stated that the petitioner is 80 years old and almost blind. But this fact is not borne out from the record. Be as it may, occurrence in the present case pertains to 1982. A period of more than 25 years has lapsed. Recovery being very heavy, sentence of petitioner cannot be reduced to already undergone or he cannot be released on probation under the Probation of Offenders Act, 1985, as prayed by Mr. Ghai. Taking the protracted trial of more than 25 years as a mitigating circumstance, I reduce the sentence of petitioner from three years to two years. However, sentence of fine shall remain the same. With these observations, the present revision petition stands disposed of. (Kanwaljit Singh Ahluwalia) Judge January 30, 2008 “DK”