1. By this appeal at the instance of the accused-
appellant a challenge has been made to the concurrent
findings recorded against the appellant by the trial
Magistrate, the Sessions Judge in appeal and the High
Court in revision whereby his conviction under Section 9
of the Opium Act, 1878 and a sentence of two years along
with fine has been maintained. We find that the maximum
sentence imposable under Section 9 of the Act ibidem is
three years. Undoubtedly, a large quantity of opium i.e.
about 9½ kgs. had been seized from the appellant but the
implication of a conviction under the Opium Act is far
removed from the seriousness of the offence under the
Narcotics and Psychotropic Substances Act. In the light
of the fact that the incident happened in the year 1979
when the appellant was about thirty years of age which
would make him almost 65 years as of now and he has
already undergone about one year of the sentence and the
agony of legal proceedings for three decades, we deem it
appropriate to reduce his sentence to that already
undergone by him.
2. With this modification in the sentence, the appeal
is dismissed.
[R.M. LODHA]