The brief facts leading to the present criminal revision petition are that on the allegation that the petitioner was in possession of a cigarette containing Charas, which was allegedly recovered from the pocket of his shirt, while working on his `Rehri' of `Halva puri', he was tried for an offence under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979 and convicted by Muhammad Javed, Magistrate Section 30, Gujrat on 12-6-1982 and was sentenced to rigorous imprisonment for six months and a fine of Rs.500 or in default thereof to further rigorous imprisonment for one month.
The petitioner was also awarded the punishment of five stripes, by the trial Court.
The, petitioner preferred an appeal against the judgment of the learned trial Magistrate but vide judgment, dated 31-8-1982 Ch. Inayat Ullah Cheema, Additional Sessions Judge, Gujrat concurred with the finding of the learned trial Court and consequently dismissed the appeal, hence the present criminal revision petition.
2. The learned counsel for the petitioner, at the very outset, submitted that he shall only contend for the reduction of the sentence in question to the period already undergone by the petitioner. In this respect, pointed out, that the case pertains to the year 1980, and that the impugned judgments by the A learned trial Court and the lower appellate Court are dated 12-6-1982 and 31-8-1982 respectively. Therefore, argued that the petitioner had already suffered the agony of protracted trial and had suffered imprisonment, before l and after his conviction, of some months.
3. Therefore, as the petitioner has already suffered the agony of protracted trial and as he has already undergone substantive part of his sentence, while dismissing the present criminal revision petition, his sentence is 8 hereby reduced to the period already undergone by him and the fine of Rs.500 and five stripes imposed on him arc hereby set aside. The petitioner is on bail. I His bail bonds stand discharged.
In accordance with the terms stated above, the present criminal revision petition is hereby dismissed.