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Judgment
Heard learned counsel for the parties.
The petitioner have been convicted for the offence u/s 4/9 Opium Act and have been sentenced to 6 months rigorous imprisonment and to a fine of Rs. 1000/- in default of payment of fine to further undergo 6 months rigorous imprisonment. Both the Courts below have rightly found that the opium has been recovered from the possession of the petitioners. In all 26.950 kg. opium was recovered. Both the courts have relied upon the prosecution evidence. Even there is sufficient proof that the seized opium was sent for chemical examination and on examination it was found that the recovered article was the opium There is no reason to take a different view and, in my opinion, the petitioners are rightly convicted for the offence u/s 4/9 of the Opium Act.
Coming to the question of sentence, I am of the opinion that the sentence awarded to the petitioners is severe. The petitioners have faced a protracted trial. More than 16 years have passed, in my opinion, the sentence already served u/s 4/9 of the Opium Act would be adequate and it will be proper to impose a fine of Rs. 500/-.
This revision petition is allowed and the conviction of the petitioners is maintained. However, their sentence is reduced to the period already undergone by them, and a fine of Rs. 500/- and in default of payment each petitioner shall undergo 15 days rigorous imprisonment.