SHYAM SUNDER BYAS, J. - (1.) ACCUSED Jodha Ram was convicted under and was sentenced to two months rigorous imprisonment and a fine of Rs. 200/ -. In default of payment of fine to further undergo 15 days like imprisonment by learned Munsif and Judicial Magistrate, Balotra, by his judgment dated May 2, 1978. The accused went in appeal which was heard and decided by the learned Sessions Judge, Balotra. The appeal was dismissed and his conviction and sentence was maintained. The accused has come up in revision.
(2.) I have heard Mr. B.L. Maheshwari, learned counsel appearing for the accused and Mr. B.C. Bhansali, learned Public Prosecutor for the State. In view of the concurrent findings of the two courts below Mr. Maheshwari, learned counsel for the accused did not challenge the conviction under Section 9 of the Opium Act. The only submission made by him was that the offence was committed long back in 1976. The accused has already remained in custody for 11 days. It was further submitted that only 54 Tolas (aporoximately 1/2 kg.) of contraband opium was found in possession of the accused. The accused is now more than 55 years in age. It would therefore, be not proper to re -send him to jail after the long interval. It was prayed that the sentence of imprisonment should be reduced to the period already undergone by him.
(3.) IN reply, the learned Public Prosecutor submitted that the offence adversely affects the revenue of the State and as such no lenient view should be taken in the matter of sentence.;