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Criminal Revision No. 415 of 1971, heard on 29th April, 1985.

-‑‑S. 61‑‑Sentence, reduction in‑‑Appeal coming up for hearing after thirteen years while petitioner undergoing agony of a protracted trial as also on account of delay in disposal of his petition‑‑Sentence reduced to that already undergone, in circumstances.

Nemo for Petitioner.

Miss Sheema Malik for A.‑G. for the State.

Date of hearing: 29th April, 1985.

This is a revision petition filed by Muhammad Yousaf, petitioner, against the judgment of a learned Additional Sessions Judge of Lahore, dated 6‑5‑1971, dismissing his appeal. Earlier, a first class Magistrate of Lahore, by his judgment, dated 4‑2‑1970, had convicted the petitioner under section 61 of the Excise Act, 1914, and sentenced him to six months' R.I.

2. The prosecution case in brief is that Muhammad Yousuf, petitioner', was apprehended by Muhammad Sadiq, Excise Sub‑Inspector P.W. 1 on 24‑9‑1968 at Railway. Station, Lahore, when he was found to have on his person thirty‑two Tolas of Charss in a plastic cover. The petitioner was apprehended in the presence of Manzoorul Haq P.W.2 and Sultan Khan (given up P.W.).

3. The name of Mr. Muhammad Afzal, Advocate for the petitioner, appeared in the cause list for yesterday's date of hearing and has also appeared for today's date of hearing, but he has not turned up. Miss. Sheema Malik, Advocate, appears for the State. With the assistance of the learned counsel for the State, I have perused the record. The prosecution case stands established by the evidence of Muhammad Sadiq S.I. P.W.1 and Manzurul Haq, P.W.2. The petitioner appears to have been properly convicted and sentenced under section 61 of the Excise Act, 1914. This petition, which was admitted in 1971, has come up for hearing after almost thirteen years. The petitioner has undergone the agony of a protracted trial. He has also undergone the agony arising p out of the delay in the disposal of this petition and the fear arising out of its apprehended dismissal, which is sufficient punishment. Taking all these circumstances into consideration, I would reduce the sentence of the petitioner to that already undergone.

4. For the foregoing reasons, while maintaining the conviction of Muhammad Yousaf, petitioner, under section 61 of the Excise Act, 1914, I would reduce his sentence to that already undergone. The petitioner is on bail. His bail bond shall stand discharged.

S. G. D. Order accordingly.

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