LAWS(HPH)-2012-3-23

OM PARKASH Vs. STATE OF HIMACHAL PRADESH

Decided On March 02, 2012
OM PARKASH Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The appellant has challenged the judgment of conviction and sentence passed against him in Sessions Trial No.57/04/04, on 19.4.2005 by the learned Additional Sessions Judge (FTC), Chamba, for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short the Act , for allegedly keeping in possession 800 grams of Charas, whereby he was sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.20,000/- with the default clause.

(2.) Vide order dated 18th August, 2005, the sentence of the appellant was suspended on his furnishing the bail bonds. When the matter was listed for hearing in the month of December, 2011, neither the appellant nor his counsel put in appearance, as such notice of hearing was issued to him for today, which is duly served, but despite that he is not present.

(3.) Shri Dushyant Dadhwal, learned counsel submitted that the appellant had taken the brief back from him. Since the appellant was represented and stood served for today and did not put in appearance, as such, Ms. Anita Dogra, Advocate, who is present in the Court and has eight years standing in the Bar, is appointed as a Amicus-curiae. Paper-Book was supplied to her and after sometime the matter was taken up for hearing, she is ready and willing to address the arguments.