ORDER
R.L. Anand, J.
1. I have heard the learned counsel for the
parties and with their assistance have gone through the
record of the case.
2. Ram Singh petitioner was convicted for the
offence under Section 9 of the Opium Act and was sentenced
to undergo rigorous imprisonment for 1-1/2 year and to pay
a fine of Rs. 1,000/- for allegedly having found in
possession of 10 Kgs. of opium without any licence of
permit. The charge under Section 9 of the said Act stands
proved from the statements of PW1 ASI Bhagwan Singh, PW2
Constable Kabal Singh, PW3 MHC Sukhwinder Singh and PW4
Surinder Kumar. Their testimony has not been shaken in
the cross-examination and this aspect of the case has been
rightly considered by the Courts below. The recovery is
heavy and it is not believable that this heavy recovery
would be planted by the Investigating officer from his
personal resources. However, this court is inclined to
reduce the substantive sentence of the petitioner as the
recovery was effected on 11.2.1984 and since then he is
suffering the agony of the criminal proceedings.
3. Resultantly, the substantive sentence of the
petitioner is hereby reduced to four months. The
imposition of fine is not disturbed.
4. With this modification in the matter of
sentence, the revision stands disposed of.