STATE OF H.P. Vs. SHAUL BOROV

JUDGEMENT

(1.) The present appeal has been filed under Sec. 377 of Cr.P.C. against the order of conviction and sentence dtd. 31/3/2023 passed by learned Special Judge-II, Kullu, District Kullu, H.P. in Case No.100 of 2020 (Sessions Trial No.150 of 2020).

(2.) It has been asserted that the accused was found in possession of 2.500 kgs of charas, which is a commercial quantity. He was liable to imprisonment for not less than 10 years and payment of fine of not less than Rs.1,00,000.00. However, the accused was sentenced to undergo rigorous imprisonment for six months and payment of fine of Rs.1,000.00. The sentence imposed by the learned Trial Court is inadequate and liable to be enhanced. Hence, the appeal.

(3.) A doubt was entertained regarding the maintainability of the appeal because as per the judgment and order passed by the learned Special Judge-II, Kullu, District Kullu, H.P., the respondent-accused was held guilty of possessing 50 grams of charas, which is a small quantity. He had undergone the sentence which is more than the maximum sentence that can be awarded for possessing a small quantity of charas. Hence, the matter was listed for consideration whether the Court could enhance the sentence above the maximum prescribed.