ORDER M.M. AGGARWAL, J. 1. This is a petition against judgment dated 24.2.1992 of the Court of Additional Sessions Judge, Barnala whereby appeal filed by petitioner-accused against judgment dated 17.11.1998 of Sub Divisional Judicial Magistrate, Barnala was dismissed. Vide that judgment of Sub Divisional Judicial Magistrate, Barnala petitioner was convicted for offence under Section 9 of the Opium Act, 1978 and was sentenced to undergo RI for one year and to pay fine of Rs. 500/-. In default of payment of fine to further undergo RI for two months. 2. Prosecution case against accused-petitioner is that on 26.1.1985, this Bant Singh petitioner was apprehended by the police party in the area of village Mangewal. At that time, petitioner was found carrying 3 kgs of opium wrapped in a glazed paper in his possession. Petitioner was arrested and then challaned. He was tried for offence under Section 9 of the Opium Act. Case was found to be proved against him and he was accordingly convicted and sentenced as aforesaid. 3. Counsel for the petitioner did not address arguments on merits but had prayed that lenient view be taken in view of the fact that recovery was effected as far as 26.1.1985 and more than 20 years period had passed and petitioner has suffered quite enough. 4. The maximum imprisonment awarded was one year RI. The case was triable by the Court of Magistrate on the date the offence was committed. 5. This petitioner had remained in custody for about one month as undertrial prisoner and then after his appeal was dismissed. It will not be proper to send him to custody at this stage. The imprisonment of sentence is reduced to the period already undergone, whereas that of fine is enhanced to Rs. 5000/- . In default of payment of fine, petitioner shall undergo RI for six months. 6. With above modification, this revision is dismissed. -